Non Fatal Offences- Judicial Cornerstone or Archaic convolution?

Victoria Hope,Bailey Harrison,Maizie Willan,Michael-Chay Hayden,Georgia Hird,Sabira Chowdhury

doi:10.19164/sjppar.v3i1.1101

Abstract

Highlights

‘Ignorantia juris non excusat’ - Ignorance of the law is no excuse, but do you know what the non fatal offences against the person are? In the case of battery and assault, the two have not been defined in statute, so how is the layperson ever to know?
The Law Commission suggested a new offence to act as an intermissionary bridge between the Common Law NFO’s and the NFO’s contained within OAPA 1861. This aggravated assault would have a maximum sentence of 12 months imprisonment, and would be an offence that was more than a mere assault but still didn't equate to such a long maximum sentence as Section 47 ABH could potentially lead to
Not contained within statute- Charged under Section 39 of the Criminal Justice Act 1988, assault and battery are not contained within statute and instead are amalgamations of common laws that are centuries old, meaning the modern day person is at the mercy of outdated judicial rulings in place of democratic definitions

Summary

Introduction

‘Ignorantia juris non excusat’ - Ignorance of the law is no excuse, but do you know what the non fatal offences against the person are? In the case of battery and assault, the two have not been defined in statute, so how is the layperson ever to know?. ‘Ignorantia juris non excusat’ - Ignorance of the law is no excuse, but do you know what the non fatal offences against the person are?

Results

Conclusion