NFO Eval 1B

Question 1

What is the current law on Assault?

Answer 1

AR: Causing v to apprehend immediate unlawful force.
MR: Intention or recklessness to cause v to apprehend immediate unlawful force.
Max sentence: 6 months.

Question 2

What are the Law commissions proposals for the law on Assault?

Answer 2

Name: Threatened assault.
AR: Causes another to think that force or impact is or may be imminent.
MR: Intentionally or recklessly causes another to think that force or impact is or may be imminent.
Max sentence: 6 months.

Question 3

What is the current law on Battey?

Answer 3

AR: Applying unlawful force onto another.
MR: Intention or recklessness to apply unlawful force onto another.
Max sentence: 6 months.

Question 4

What are the law commission’s proposals for the law on Battery?

Answer 4

Name: Physical assault.
AR: Applies force to or causes an impact on the body of another.
MR: Intentionally or recklessly applying unlawful force.
Max sentence: 6 months.

Question 5

What is the current law on s47 ABH?

Answer 5

AR: An assault or battery that causes ABH.
MR: Only the mens rea of the assault or batter.
Max sentence: 5 years.

Question 6

What is the first of the law commission’s proposals for the law on s47 ABH?

Answer 6

Name : Aggravated assault.
AR: Threatened or physical assault that caused injury.
MR: Mens rea for physical or threatened assault.
Max sentence: 12 months.

Question 7

What is the second of the law commission’s proposals for the law on s47 ABH?

Answer 7

Name: Causing injury.
AR: Causing injury.
MR: Intention or recklessness to cause an injury.
Max sentence: 5 years.

Question 8

What is the current law on s20 wounding and GBH?

Answer 8

AR: To unlawfully wound.
AR: To inflict GBH.
MR: Intention or recklessness to cause some harm.
Max sentence: 5 years.

Question 9

What are the law commission’s proposals for the law on s20 Wounding and GBH?

Answer 9

Name: Recklessly causing serious injury.
AR: Causing serious injury.
MR: Recklessness to causing serious injury.
Max sentence: 7 years.

Question 10

What is the current law on s18 Wounding and GBH?

Answer 10

AR: To unlawfully wound.
AR: To cause GBH.
MR: Intention to cause GBH/really serious harm.
Max sentence: Discretionary life.

Question 11

What are the law commission’s proposals for the law on s18 wounding and GBH?

Answer 11

Name: Causing serious injury with intent.
AR: Causing serious injury.
MR: Intentionally causing serious injury.
Max sentence: Discretionary life.

Question 12

Example Intro:

Answer 12

The Non-Fatal Offences (NFOs) have been without large-scale reform for over 150 years. The law commission have made numerous suggestions for change due to overwhelming problems with the law. This was particulary evident with the 2014 Law commission consultation paper led by Professor David Ormerod KC. This area of law has been identified as desperately needing implementation, however to date this has been ignored, even following the 2014 report.

Question 13

What are some eval points that can be used?

Answer 13

Assault is confusing for lay people.
s47 goes against the principle of correspondence.
There is a massive difference between the maximum sentence of s20 and s18.
Wounding is not a very sensible non-fatal offence.
ABH and GBH both use the word bodily, but that can be confusing.
There are not many statutory definitions, so case law holds these offences together.

Question 14

Example conclusion:

Answer 14

In conclusion, the current law on NFOs is not very effective and is in dire need of reform to improve. The reforms suggested by the LC are very desireable because they are very valid critisisms of the NFOs currently, most of which are addressed by the reforms.