Case law meets shortfalls of statute. GBH developed to include biological harm (Dica) and psychological harm (Burstow).
s18 Strengths
Actus reus of GBH recognises age and health of the victim (Bollom).
s18 Strengths
Harsher punishment for serious offence (maximum = life).
s18 Weakness
No statutory definition for 'grievous' 'bodily' harm - set out in case law which could lead to inconsistent outcomes.
s18 Weakness
Language old fashioned - 'maliciously' not defined.
s18 Weakness
Actus reus issue - 'inflict' in s20 and 'cause' in s18 but Burstow ruled they have the same meaning.
s18 Weakness
Sentencing issue - Little difference between s18/20 but huge disparity in max sentence. 5years for s20 but up to life for s18.
s18 Weakness
Wounding not defined. Could D be charged with pricking V's finger with a pin?
s18 Reforms
Max sentence - life.
s18 Reforms
1998 draft bill in Home Office Consultation Document. Set out 4 main offences - Clause 1 created offence of intentionalserious injury to replace s18.
s18 Reforms
Law Commission 2015 proposals support other reform. D guilty if intentionally causes serious injury (wounding not used so only included if wound is serious).
