• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Non fatal offences reform essay

Extracts from this document...


Law Reform Essay Write a critical analysis of the current law of the non fatal offences against the person act. Include in your analysis a discussion of what reforms may be desirable. One criticism of the offence against the person act is that it uses archaic language and does not comply with modern day language as it uses words such as maliously and grevious. 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. This change should happen as the non fatal offences are badly defined, for example there is no clear statutory definition for assault or battery. ...read more.


This is because the punishment of assault and battery is a maximum of 6 months whereas s47 of the Offences against the person act has a maximum sentence of 5 years, the only difference is that ABH can mean as little as causing discomfort to the person. In s20 the offence is defined more serious than s47 but has the same maximum sentence as s47, this should not be the case as the actus reus and mens rea are much higher for s20 then they are for s47. Another problem that there is only slight difference in s20 and s18 but a more serious mens rea for s18 but the sentencing leaps from 5 years to life imprisonment. ...read more.


For example R v Ireland and R v Burstow have considerably extended the law on assault and s20, R v Dica created another extension to s20 as the defendant was convicted of biological GBH. Therefore the reforms that should be made the offence against the person act is that s47 should be replaced by the offence of intentionally or recklessly causing injury to another person. Another is that s20 and s18 should be replaced to separate offence of recklessly causing a serious injury to another and intentionally causing a serious injury to another where the maximum prison sentence would be seven years. Also the harm intended or foreseen must correspond to the offence committed for example in case of Roberts and Mowatt. The final reform would be that serious injury does not include disease therefore a person will only be liable if they intent to infect another person with a serious sexual disease. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. The Inchoate (Incomplete) Offences - Essay Notes

    Actus Reus: - Encouraging other to do something which is a crime may be spoken, written or by some sign - Needs real encouragement, not merely suggestion - D need not incite a particular person - maybe addressed to group or people in general - R v MOST (1881)

  2. Using actual situations describe the elements of actus

    Retrospective laws will only be effective when they cannot be understood in any other way. The European Convention on Human Rights, and similar international conventions forbid retrospective laws, as do the written constitutions and Bills of Rights of many countries.

  1. The Law Relating to Negotiable Instruments

    Certified Checks When a person writes a check, it is assumed that he or she has money on deposit to cover that check when it is presented for payment. To ensure against honor for insufficient funds, a check may be certified by the drawee bank.

  2. Criminal Law (Offences against the person) - revision notes

    - In Wirral. Defendant went to train station to find victim. Victim seen him and ran across rails and died (electric) Convicted of manslaughter Physical presence was not enough for the conviction, and he did not say anything to the victim so the conviction was quashed. R v Corbett (1996)

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work