Principles Of Criminal Law - Fair Labelling

Question 1

Definition of fair labelling

Answer 1

The offence of the law should be made clear.
The level of offence should be in proportion to the type of offence

Question 2

What three categories do our offences go under?

Answer 2

Summary
Triable either way offences
Indictable
This allows offences to be labelled according to their seriousness

Question 3

Ashworth

Answer 3

Fair labelling is essential for justice
Criminal law should avoid excessive labels that create unnecessary stigma

For example, a murderer shouldn’t be labelled as a serial killer

Question 4

Example 1 of fair labelling

Answer 4

An individual should only be labelled a murderer if the intended to kill or cause GBH, it would not be fair if they killed out of self defence

Question 5

Example 2 of fair labelling

Answer 5

The term rapist can only be given to male D’s due to the AR definitions.
Therefore, it isn’t an appropriate label for a woman

Question 6

Argument about assault being labelled unfairly

Answer 6

Assault is quite broad in lay people’s terms and it can be perceived as more serious than its actual meaning of causing V to apprehend force’.
A more appropriate label to express the severity could be ‚verbal assault’
This would produce more certain outcomes

Question 7

Unfair labelling with s47 ABH OAPA 1861

Answer 7

D can be liable for a more serious crime when they only intended for a less serious offence.
In ABH only the common assault MR needs to be proven
Which can make their sentence go up from 6 months to 5 years
This doesn’t uphold the principle of fair labelling as they are labelled with a much higher offence when they didn’t intend or forsee the harm (Roberts)