NFO Essay

Question 1

Intro

Answer 1

• OAPA covers 5 offences - list the 5

Question 2

Para 1

Answer 2

• Assault/battery
• Interpreted differently to legal definitions = terminology is confusing
• Many thinks assault must involve physical act when it does not
• Word battery implies it is worse, can be slight touches
• However, CJA 1988 explains these further

Question 3

Para 2

Answer 3

• S47 (psych injuries)
• Psych injuries come under ‘bodily harm”, but this was defined as physical harm
• Jury could make injust decision, lesser offence would likely be used
• However, it was reinstated that the body of the victim includes his brain so psych injury would come under this (Chan Fook)

Question 4

Para 3

Answer 4

• S20 extended to include HIV/herpes cases
• 70% of society carry herpes, not as serious as GBH (define).
• Discourages STD testing through criminalising it
• Unfair someone may face same amount of time as someone who broke someones skull
• However, transmission could lead to serious psych injury which would rightfully be GBH

Question 5

Para 4

Answer 5

• S18 MR (Morrison case and what it means)
• If D has only resisted arrest he is less culpable than someone who has intended to cause serious injuries (Taylor)
• Does not have great risk of impacting life, unfair

Question 6

Para 5

Answer 6

• Law Commission Report 2015 recommends adoption of modified Home Office 1998 draft bill to replace NFOs.
• 4 new clauses
• 1. Intentionally causing serious injury (replaces s18)
• 2. Recklessly causing serious injury (replacing s20)
• 3. Intentionally/recklessly causing injury (replacing #47)
• 4. Physical assault and threatened assault (replacing both s39 offences)
• Makes language clearer = right decision = consistency = less injustice