Non-fatal offences

Question 1

Issues with the wording used to define non fatal offences:

Answer 1

Many of the words used to describe the offences have been chosen incorrectly or not as they should have been:
- Assault has adopted many meanings over the years. Use of the term ‘serious assault’ refers to grievous bodily harm rather than a fear of unlawful force as it legally means.

• Assault has been changed so that a person no longer needs to fear serious violence but instead apprehend it.
• Battery only requires a slight touch but recent use indicates a much greater level of force.
• Definition of a wound is a break in the first 2 layers of skin, in theory a cut would constitute GBH.

Question 2

Issues with the wording used to define non fatal offences being antiquated:

Answer 2

Many of the words used in the OAPA 1861 has become outdated in recent years:
- Actual and grevious bodily harm are not words commonly used in the english language therefore it may be difficult for jurors to fully understand their meaning.

• Maliciously has been used in both S.18 and S.20 however there is no need to show any maline and is no longer a term that is used in legal terminology.
• Inconsistencies in words in the OAPA as its a consolidating act which is made up of several different acts. S.18 uses cause, S.20 uses inflict and S.27 uses occasion which courts have had to interpret to make all mean cause. Could be avoided.

Question 3

Emphasis on causation as opposed to mens rea:

Answer 3

• May be charged with an offence that they caused rather than something which they intended or saw a risk of occurring.
• ABH and S.20 they only had to intend to commit a lesser crime.
• Argued that mens rea should form the basis of the conviction but law is more concerned with how the victim suffered.

Question 4

Sentencing anomalies:

Answer 4

Statutory guidlines for appropriate sentencing is confusing:
- Assault and battery are summary offences punishable up to 6 months imprisonment. Means can be dealt with at magistrates and no need to go to crown, saves time and money.

• ABH and S.20 carry same sentencing of up to 5 years.
  ABH only minor injury and only slightly worse than battery so huge jump in sentencing seems unfair and GBH is meant to be much more serious but carries the same sentencing.
• S.18 carries a sentence of anything up to life imprisonment.
  Two types of GBH have hugely different sentencing due to mens rea of ABH being much more serious even though the victim is seriously hurt in both situations.

Question 5

Plea bargaining:

Answer 5

Common for a person to be committed with a much lesser offence than the one they actually committed:
- A person convicted of GBH may get away with ABH as it can be tried at magistrates which saves time and money. Also as no difference in sentencing it does not matter.

• Prosecution may charge them with a lesser offence if they take a guilty plea which saves it going to trial.

Question 6

Effectiveness:

Answer 6

• Many non-fatal offences go unpunished because they either don’t get reported or if they do they’re not prosecuted.
• Usually charge under lesser offence to secure conviction which is unfair.
• Some areas may also not prosecute as the costs outweighs the benefits.