Remake of Criticisms of the Law by Simon Cohl https://padlet.com/simon_cohl/7tz1nmuvroct Add a Post-It to the wall to include: A criticism of the law explaining what it is in detail, Legal examples: case law and a statute, It must be something that we have studied in AS crime, Whether it is substantive or procedural law or not, and explain why. Be quick! As the later you log on the harder it will be for you as your idea will have gone! No duplications allowed. en-us 2016-09-15 15:47:57 UTC 2025-10-25 17:31:44 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124145525 Sentencing (procedural). This is a criticism because some offences carry the same sentence time, but some offences are more serious than others. For example, ABH and GBH s20 both carry a maximum sentence of 5 years. However, for GBH s20 you have to inflict serious harm which doesn't happen in ABH. ]]> 2016-09-15 17:23:01 UTC https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124145525 https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124190473 (Substantive) The language used in OAPA is outdated and thus causes confusion. For example "inflict" has been interpreted in many different ways: as requiring proof of an assault or battery in R v Clarence, as requiring the direct application of force in R v Wilson, and most recently as "cause" in R v Burstow 


Mateusz]]> 2016-09-15 19:17:10 UTC https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124190473 (Substantive)  https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124206205 The secondary mens rea for a s.18 offence "intention to resist or prevent the lawful apprehension of any person" although it was stated in R V Mowatt that the word malicious means nothing. Smith and Hogan Criminal law submit that as regards this particular section the prosecution needs to be able to prove that a defendant in seeking to avoid arrest must at least have been reckless as to causing some harm. It is obvious that the respective mens rea elements for s. 18 offence are unbalanced.]]> 2016-09-15 20:29:41 UTC https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124206205 (Substantive) https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124251238 S.47, 20]]> 2016-09-16 05:27:06 UTC https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124251238 Unfair zahal_1998 https://padlet.com/simon_cohl/7tz1nmuvroct/wish/124370178 Mens rea could be difficult to establish for GBH; whether the defendant intended some harm (which makes it GBH s20) or grievous bodily harm (which makes it GBH s18), which changes the maximum sentence from 5 years (s20) to life (s18). Therefore, it could be argued as unfair.

Procedural; it is based on whatever goes on in the court/ trial. 

Eisenhower: ‘wound’ is defined as an injury that breaks two layers of skin.

Mowatt: there is no need to foresee serious harm, only that some harm will be caused.

Zahal


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