Non-Fatal Flashcards

(5 cards)

1
Q

Adv and Dis of Assault
NCSP

A

ADV:
1) Name has never been changed so mags must be confident using it
2) Common law = more flexible and adaptable to most cases
3) Summary Offence keeps in Mags = saves time and money
4) Having a precise definition narrows the scope of the crime (prevents floodgates)

DIS:
1) Name of the crime doesn’t match (lacks public awareness)
2) Less consistent outcomes (open to interpretation)
3) Mags don’t have legal qualifications so may not have expertise in complex cases
4) Def uses over complicated language (restricts access to law

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2
Q

ADV and DIS of Battery
TMPS

A

ADV:
1) Touching clothing can amount to battery (raises morals in society)
2) Mags have discretion to choose up to 6 months (increases flexibility)
3) Prevents floodgates in cases
4) Summary Offence (quick + easy)

DIS:
1) Touching clothing can be accidental so tricky to identify intention
2) Same sentence for battery and assault provides no deterrence
3) Name doesn’t match crime (Lacks public awareness)
4) For complex indirect batteries, Mags may lack expertise

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3
Q

ADV and DIS of ABH
TEW5RP

A

ADV:
1) Triable either way (saves time and money)
2) Max sentence is 5 years
3) Psychiatric harm now counts as ABH (r v Ireland)
4) MR counts recklessness (more inclusive)

DIS:
1) Cases are more harsh on defendant
2) Harsh sentence if ppl are wrongly accused
3) People won’t know they’re guilty
4) Ppl may unintentionally cause this

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4
Q

ADV and DIS of GBH S.20
MTAW

A

ADV:
1) Max sentence is 5 years
2) TEW = cheap/quick and dealt with expert in crown
3) Allowing indirect GBH widens offence (prevents loopholes)
4) Wound definition is simple + easy to understand

DIS:
1) Same sentence as ABH (not harsh enough)
2) Should all GBH cases go to crown court? + TEW has longer pre trial procedure
3) Allowing indirect just over complicates law
4)Wound def is too wide (allows minor injuries)

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5
Q

ADV and DIS of GBH S.18
LISV

A

ADV:
1) Life imprisonment
2) Intention has to be proven
3) Statutory definition (all use same criteria)
4) includes variety of injuries

DIS:
1) Life can be too harsh (way worse than S.20)
2) Crime can be serious but if there is no intention then it can’t count
3) Criteria/definition is quite strict and not lenient
4) All injuries must meet criteria to count as S.18

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