INTRO- Professor JC Smith- 'a rag bag of offences brought together from a wide variety of sources with no attempt to introduce consistency as to substance or form'. Offences Against the Person Act- offences all mismatched together with no logical structure in terms of mens rea and sentencing. Outdated- made 150 years ago.
P1- Terminology is outdated and confusing. 'Wounding'-JCC v Eisenhower. Same level as GBH. CPS Charging Standrds recommend that a minor wound is charged under S47. 'Inflict'/'cause'- inflict sounds more serious/greater intention. Common law- Burstow- 'inflict' and 'cause' mean the same thing.
P2- Law C.-change AR and MR for S20/18. No reference to wounding. S20- offence of recklessly causing a serious injury to another. S18- intentionally. Current problem would not arise- wounding would be charged under S47-more serious nature-S20/S18. What would amount to the difference between an injury under S47 or S20/18? As prosecution have to prove an assault/battery as part of the AR for a S47 offence, may be easier to prove S20.
P3- Inconsistency of max. sentencing. S20/47- 5 years. S18- life. Causing bruising = recklessly causing permanent injury.
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