Nfo Flashcards
P1
Sentence
P2
Lack of definition in injury
P3
Outdated , Arhacic ,Misleading
Language
P4
Correspondence principle
Fair labbrling
P5
Reforms
Reform
2015 law commission
Reform idea
Make act
Adjust language - grevious to serios - jury
Change sentence
Make logical grading for lay people
What is correspondence principle
Men’s sea should correspond with actions/ actual
Correspondence principle
Related
20 reckless R V savage
18 specific
However for correspondence
Needed for public policy as otherwise people who recklessly cause GBH are not held accountable
Fair labelling theorist
Becker theory
Becker theory
Self for filli prophecy labelling reckless people as Criminals
Fair labbeling
D should be fairly labelled for actions he did
Misleading eg
S39 criminal justice act 1988 - immediate
Smith V Woking can mean imminent
Misleading for GBH
What is grevious
Intention for GBH is enough for murder - Cunningham
Vickers
20 and 18 - maliciously wound or inflict yet 20 is reckless
Outdated point
1861 limited mental help th knowledge
Phycological allowed s47 to GBH (burstow
DPP V smith - interfere with health and comfort
What does misleading language do
Mislead media
Called asssault yet used physical forc
Eg Jeromey Clarkson pitching presenter
Where do injury definitions come from
CPS
47 injury definition issues
Chan took - more than transient and trifling
DPP V T - consciousness
20 injury definition issues
Jcc V eistenhower
Wound must break skin
Not in act
However for lack of definition
Precedence work for so long creates consistency no need for change
Sentencing issue
47 = 5 year
20 = 5 year
Different ACtus and injury level
47 triable ether way
20 indictable
Justice in sentencing
No justice for V of injured in grevious way
No justice for D if commutes ABH and have same sentence as for GBH
Sentencing however
Both basic intent crimes
Judge might not give max and can use mitigating or aggregating factors
Law is not retrospective anyway so those in prison will remain
