Essay
Non-Fatal Offences Evaluation Plan
- Course
- Institution
An in-depth evaluation of the law on non-fatal offences. The plan provides a balanced argument and is of an A* standard.
[Show more]
Seller
Follow
eleanortrend
Content preview
Non-Fatal EvaluationPrior Recommendations
Many reports on this area of the law have been published, including the ‘Reform of
Offences against the Person 2015’ and the ‘Home Office Consultation Paper with
Draft Bill 1998’. However, whilst they have all emphasised the need for reform, no
action has been taken.
Common Assault
Merits of Common Law
Battery
The common law is an important feature of UK jurisprudence and allows judges to
update the law so that it remains applicable to the modern world.
Fagan – expanded the law by saying that there was a continuing act of battery.
Santa-Bermudez – allowed battery by omission.
DPP v K – held that battery can be an indirect act.
Judges have created the law. This is not their role. Parliament is sovereign and the
law-making body.
Sovereignty
Clearly, case law has been successful in enabling the law to develop in line with
society. Nevertheless, it is problematic that there is no parliamentary law that is used
concurrently with this area of law, so that judges to not have such wide discretion
over the application of the law. A foundation of parliamentary law is arguably
required so that the legislative is able to retain its sovereignty.
Suggests the law in this area should be codified to give parliamentary a greater level
of control. Judges should not act as lawmakers. If the other non-fatal offences
require statutory guidance, then so should common assault.
Terminology
‘Immediate’ in assault - How immediate does something have to be?
The case of Smith said ‘imminent’; such definition lacks clarity, and it’s up to
magistrate to decide. This can lead to inconsistent judgements.
‘Force’ in battery - Application of unlawful ‘force’.
The word ‘force’ is quite misleading because it suggests a great level of physical
exertion.
Words Negating Assault
Tuberville – yes
Light – no
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller eleanortrend. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.10. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now