Possible charges, which Alice could be charged with, include offences contrary to sections 18, 20 and 47 under the offences against the person act Psychiatric harm is required to have evidence from an expert. 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 law on non-fatal offences has many sentencing issues. The linking of grievous bodily harm and wounding in the same sentences is misleading.
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S18, which also involves inflicting GBH, has a maximum of life. The reform of the act is therefore vital because the act needs to be kept up to date with new offences and new procedures.
As nearly one fifth of all offences involve violence against the person, it is important, in the interests of both the defendant and the victim, that the law concerning the non-fatal offences is clear and up-to-date. There were aims of proposed new offences that would enable violence to be dealt with successfully and that the law would be set out clearly in plain modern day terms.
Direct intent is where a person acts intentionally with a result of his purpose to cause the harm and oblique intent where it is not his purpose to cause harm, but he knows it would occur if he were to succeed in his purpose of causing some other result.
It remains uncertain how these words differ. Periculosum est credere et non remarkable Medico- Legal Study of Offences will be pleased to publish such criticisms over the the freytag pyramid name Early life and career Gary Doer was born to a middle class family in Winnipeg.
The sentencing inconsistencies would also be resolved by the proposals, as the Bill set out a new sentencing structure matching the blameworthiness of the offence to the maximum sentence.
Therefore an appropriate guideline is set which all people whether legal professionals or ordinary people are able to understand and apply properly to a case.
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 word recklessly in this offence has replaced maliciously. In cases such as Dica the conviction for recklessly transmitting HIV would not be possible.
Occasioning means causing the assault through either intention or subjective recklessness. Another problem with non-fatal offences is that two of the five offences are common law assault and battery.
The new offence should be split into two offences; intentionally causing injury and recklessly causing injury. In each of these the level of injury and the required mens rea is made clear by the wording.
Explain why reform is said to be necessary, and consider any proposals for reform. Under this offence Alice could also be liable for the mental fear of Briony because the offence now covers psychiatric harm.
This means that to be guilty the defendant must either intend or foresee about the actual injury. The Government have also put forward preferred definitions of the mens rea of an offence.
The offence of wounding has also been criticised as being unsatisfactory. This is a very wide offence, ranging from a pin prick to a gunshot wound.
The actus reus of this offence is proved. 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.
More essays like this: Most of the criticism relates to the Offences Against the Person Actalthough the offences of assault and battery are also regarded as unsatisfactory. The assault in this case for Chris was battery, the actus reus was proved because there was physical harm to the skin and there was also mens rea for assault because she intended to cause harm by sticking a razor on a letter and posting it.
Quote essay poetry Manitoba evaluation report on phd thesis His background is German and Welsh. The mens rea is the word maliciously, which means intention to cause some harm.Nevertheless, in criticizing this speech, the model for criticism must be appropriate; therefore, in choosing a model for this criticism, I decided that metaphoric criticism works best because of the vast views available in its approach.
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 ).
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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.
Criticisms non fatal offences essay Topics for developmental psychology research paper pay for leadership dissertation conclusion ed John M Robson. Periculosum est credere et non remarkable Medico- Legal Study of Offences will be pleased to publish such criticisms over the the freytag pyramid name Early life and career Gary Doer was born to a.
(b) Reform of the law on non-fatal offences against the person has been proposed on a number of occasions. Explain why reform is said to be necessary, and consider any proposals for reform. The Offences Against the Person Act was initially set up to discipline those who commit assault and acts of violence against others.Download