non-fatal offences

• structural complexity

  law found in OAPA1861 and common law - incoherent whole

  numbering and structure of offences - doesn't make logical sense

  frequency amendments over 150 years -now confusing and incoherent
• language

  some terms are archaic - 'occasioning'

  some terms are misleading - 'battery'

  mistakes by lawyers are inevitable - JC smith
• hierarchy of sentencing

  illogical - same max for s.47 and s.20 (5 years) even though s.20 more serious

  s.20 5 years and s.18 life - same injury for AR

  the enormous differential in the sentences is not justified - professor Clarkson
• lack of correspondence between AR and MR requirements

  s.47 'a crime of half mens rea' as MR not required for injury caused - Glanville williams

  unjust that d can have MR for assault/battery yet face imsprisonment up to 5 years
• wound


  broad term, kind of injury covering different levels of seriousness whereas abh and gbh do require particular degree of seriousness
• MR of s.18

  unsatisfactory that a d who intends resists arrest is liable for the same offence as someone who intends serious injury
• consent 


  lack of clarity over allowing and denying consent as a defence

  inconsistencies - why should consent be allowed when horseplay results in serious injury but not when sexual activity does
• explain how well the reforms address the criticisms

  good offences and appropriate hierarchy of sentencing would give the criminal justice system greater credibility as it would have a clearer moral basis

  new law would better reflect issues connected to both physical and mental health

  modern language and logical structure

  level of injury and mr is made clear by wording

  'wound' isn't used
• reforms

  clause 1 - intentionally causing serious injury, max life, replace s.18

  clause 2 - recklessly causing serious injury, max 7 years, replace s.20

  clause 3 - intentionally/recklessly causing injury, max 5 years, replace s.47

  clause 4 - dealing with offence of assault modified to two separate offences, physical and threatened