HLA Hart (legal philospher) said ''might bring the law into disrupte.
There is an overlap between the offences compared with the defences in sentencing.
s.47 is similar to other offences in terms of the level of MR required. The cases of Savage and Parmenter now comfirm that MR is intention/recklessness to commit that offence.
With CA and CB the same levl of intent is required as it is for ABH, but when you look at the sentences ABH= 5 years. CA/CB= carries 6 month sentences.
Also s.47 and s.20 both have a 5 year sentence yet GBH is a much more serious offence= unfair for victims who want to see the person who caused them harm given harsher punishments for the type of crime they committed.
There's a big leap in the sentences given in s.20 and s.18 as s.18 carries a life sentence.
Do you punish a D for the harm they caused/ harm they intended. V= appropriate sentence to reflect harm done, D= judged on the level they intended. Currently we don't have a system based on either.
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