GBH/Wounding s.18 Evaluations

• Outdated

  • Offences Against the Person Act 1861 - complex and outdated in its language
  • out of touch with society
  • words such as 'whosoever,' 'maliciously' and 'grievous' - not regularly used
• Lack of Definitions

  • same as s.20
  • minor cut can be charged under s.18 - unlikely to be Parliaments intention
  • harsh to convict d under s.18 for a minor cut
  • definition too broad
• Sentencing

  • illogical
  • large gap between s.20 and s.18
  • only difference is the mens rea
  • should be less of a gap
  • s.20 being raised to illustrate the severity
• Complex Mens Rea

  • contains 2 types on intention - intention to cause GBH or intention to resist arrest
  • confusing to have both contained in the same section as they are about two separate things