There exist further problems with misleading language used. Similarly there is no clear boundary between ABH and GBH it is for the jury to decide what amounts to really serious harm and different juries will differ in their opinions.
The mens rea is the same for the two offences and so it can be argued the variance in potential sentence produces an unjust result. This means that to be guilty the defendant must either intend or foresee about the actual injury.
This gives the offence more structure and consistency. However this would mean that it would be virtually impossible to convict the defendant of infecting the victim with HIV, as the proposed more serious offence could only be committed where the defendant has intentionally caused serious injury.
Another problem is the fact that the prosecution has to prove an assault or battery for S47 but not for S20 and S Abolishing the old offences and replacing them with the four new suggested offences will make the law more concise and make it easier for a jury to understand and apply.
The draft bill suggests removing the offence of wounding completely, so a serious cut would be considered a serious injury and a minor cut would be merely an injury. The use of the word bodily harm under s.
Theoretically, it allows for an injury caused by pin prick to be counted as a S20 wounding offence. Previous Criticisms non fatal offences essay Topics for developmental psychology research paper pay for leadership dissertation conclusion ed John M Robson.
The structure of the offences can also be criticised. Clearly there are different levels of wound and many of them do not link with GBH.
Prosecutors will generally charge under the lesser offence in order to secure a conviction and plea bargaining is often used. This does not make sense, as one sentence should be lowered or the other increased.
In in a Report on the non-fatal offences, the Law Commission identified three main problems; the language is complex, obscure and old-fashioned, there is a complicated and technical structure of the offences and thirdly, non-lawyers find the law on this area totally unintelligible.
The language used in the Offence Against the Person Act is outdated.
Although most issues would be resolved, the offence of intentional or reckless injury which would replace section 47 could still be improved. This has been used in both section 18 and section Commenting on the problem of illogical sentencing, the legal philosopher HLA Hart wrote: However, both offences require the same mens rea but a S20 offence causes a much more serious injury.
It was first interpreted as requiring proof of an assault or battery R v Clarence. Grievous has been interpreted as meaning really serious DPP v Smithhowever, malicious has been given an interpretation quite unrelated to what one might expect.
Wounding is also a technical term, describing what the injury is rather than the seriousness of it as in GBH.
This removes any ambiguity and clears up most of the problems in the present law. It is through case law that breaking of the skin has developed as the key factor in wounding JCC v Eisenhower This definition developed in case law does not follow the normal understanding of the word wound.Non-fatal offences against the person - Criticisms The Law Commission in Legislating the Criminal Code: Offences Against the Person and General Principles criticised NFOAPs on three main issues: firstly the language used is complicated, obscure and out dated, secondly the structure of the offences and thirdly the Law Commission was critical of.
Dec 03, · Click here for a summary of the main criticisms and reforms of non-fatal offences agaisnt the person.
Consider what criticism may be made of the non-fatal offences against the person. Discuss what reforms might be introduced to deal with these criticisms.
The current law on non-fatal offences is contained in the Criminal Justice Act (CJA ) and the Offences Against the Persons Act (OAPA ). Non-fatal offences is an area of the law that has attracted much criticism and it is unanimously accepted that it is in need of reform. Lynsey  Defendant was being held for.
Im resitting this unit and already have an essay on the non fatal offences but I only got 10/25 for it in the exam.
I was wondering wether anyone had any e. Volume V - Essays on Economics and Society Part II. Periculosum est credere et non remarkable Medico- Legal Study of Offences will be pleased to criticisms non fatal offences essay publish such criticisms over the name Early life and career Gary Doer was born to a middle class family in Winnipeg.Download