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  • Criticisms non fatal offences essay

    criticisms non fatal offences essay

    However the law commission discussion paper labelled “Criminal Liability: insanity and automatism [2013]” sets out the criticisms with insanity and additionally suggests some reforms that may be considered desirable.If this essay isn't quite what you're looking for, why not order your own custom Coursework essay, dissertation or piece of coursework that answers your exact question?Being intoxicated is not socially acceptable, and in the vast majority of criminal cases being intoxicated will be seen as an aggravating factor.The Actus Reus of assault is any unlawful act which leads to the victim’s apprehension that something bad might happen to them. The defendant has to either have the intention to cause another to apprehend the immediate application of unlawful force.The defendant must realise that the acts/words could cause another to apprehend unlawful violence. This offence is defined under common law and has the same penalties if proven guilty as assault.Most of the criticism relates to the Offences Against the Person Act 1861, although the offences of assault and battery are also regarded as unsatisfactory.[1969] 1 QB 439, the court said that an assault is any act which intentionally or possibly recklessly causes another person to apprehend immediate and unlawful personal violence.[Offences Against the Person Act 1861 is] yet another example of how bad laws cost money and clog up the courts with better things to do..However this still calls into question the severity of ‘really serious’.Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question.Terms are constantly being argued and redefined in appeals leading to a lack of clear decision making.
    • Most, if not all, practitioners and commentators agree that the law concerning non-fatal offences against the person is in urgent need of comprehensive.
    • Non-Fatal Offences Against the Person. Learn the definitions and actus reus/mens rea for each offence. Criminal Assault and Battery Criminal Justice Act 1988 s 39
    • Clearly in sexual offences like rape. Buy the full version of these notes or essay plans and more in our Criminal Law Notes. Non Fatal Offences Notes.
    • Revision notes on non fatal offences for criminal law with video tutorial and case list.

    criticisms non fatal offences essay

    Gauge of more and less through space Electric star and pencil plays.However, there has been a modern trend to use the term 'assault' in a broad sense to include both assault and battery.The essential problem lies with the fact that the OAPA 1861 is Victorian legislation that was never intended to be a logical and consistent set of rules applying to non-fatal offences.The veteran anti-racist Richard Stone, who was a consultant to the Stephen Lawrence inquiry, suggests that Islamophobia is 'a challenge to us all'.The important point is that the act or words must cause the victim to fear immediate unlawful personal violence.Include in your analysis a discussion of what reforms may be desirable.Liability for GBH will occur where the defendant intended minor harm or was reckless as to causing some harm (..While judges have extended the meaning of bodily harm, it would be preferable to re-write the law and make it completely clear what type of harm is included in the different offences.Battery is hard put to exist independent of assault; there isn't even a verb to express it.As James J stated in 'Although "assault" is an independent crime and is to be treated as such, for practical purposes today "assault" is generally synonymous with the term "battery", and is a term used to mean the actual intended use of unlawful force to another person without his consent.' Both of these offences were originally common law offences, triable only on indictment.

    criticisms non fatal offences essay

    lacks definitions of key words and phrases and therefore the meaning must be developed through case law, which is a less finite way to create definitions.The word grevious should be replaced with the word serious and maliously, which was defined in R v Cunningham, should be replaced with the word intention and recklessness.The language is also seen as outdated, badly drafted and inconsistent; for example the use of the word maliciously in GBH implies wickedness on behalf of the defendant however this is not always the case in regard to the defendant’s mens rea.This means that the formatting here may have errors.There is no assault if it is clear that the defendant cannot actually use force. The Mens Rea for an assault is either an intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such a fear is caused - the defendant must realise that there is a risk that his acts or words could cause another to fear immediate unlawful personal violence. Middle A wound means a cut or break in the continuity of the whole skin, which means that a scratch is not considered a wound.The wings of Time are black and white, Pied with morning and with night.The Offences Against the Person Act 1861 (the ‘Act’) was one of a number of pieces of legislation in the same year to consolidate numerous areas of law into single pieces of legislation.

    criticisms non fatal offences essay criticisms non fatal offences essay

    Non-Fatal Offences Against the Person Where to Now? - The.

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