s18

Cards (10)

  • ++ case law meets shortfalls of statute, gbh developed to include biological (dica) and psychological harm (burstow)
  • ++ actus reus recognises age and health of victim (bollom)
  • ++ harsher punishment for serious offence (max life)
  • -- no statutory definition for grievous and bodily harm, set out in case law, inconsistent outcomes
  • -- actus reus issue, inflict in s20 and cause in s18, (burstow) ruled they have the same meaning
  • -- sentencing issues, little difference between s18/s20, huge disparity between max sentence (s20 5 years, s18 up to life)
  • -- wounding not defined, can a person be charged of pricking victims finger with a pin (eisenhower)
  • reform - max sentence, life imprisonment
  • reform - 1998 draft bill in home office consultation document, set out 4 main offences, clause 1 created offence of intentional serious injury to replace s18, not passed into act
  • reform - law commission 2015 proposals support this, d guilty if intentionally causes serious injury (wounding not used so only if wound is serious)