NFO's Overall Evaluations

• Sentencing Problems:

  • assault and battery - both max 6 months
  • s.20 and s.47 both max of 5 years
  • large gap between s.20 (5 years) and s.18 (life)
• Antiquated/Old

  • OAPA 1861 is old - 164 years
  • outdated, out of touch with society
  • ABH - didn't include psychiatric harm (R v Chan-Fook)
  • GBH - didn't include psychological (Burstow) or biological harm (Dica)
  • judges have tried to fill in the gaps and update the law
  • breach of separation of powers
• Confusing

  • Professor JC Smith 'complicated, obscure and old-fashioned'
  • offence and punishment in 2 separate places for assault and battery
  • public perception of NFO (particularly assault and battery) have misconceptions
• Problematic

  • lack of organisation
  • assault, battery - common law
  • ABH/GBH/wounding - statute, OAPA 1861
  • not in chronological order - s.47/s.20/s.18
  • mens rea doesn't match injuries for s.47 and s.20
  • Professor Clarkson - 'offences need to be reconstructed so as to represent a clear hierarchy of seriousness with appropriate levels of punishment attached'