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Evaluate non-fatal offences (General Weaknesses (Old-fashioned vocabulary…
Evaluate non-fatal offences
General Weaknesses
No logical structure and hierarchy. Not even in the same statute
No clear separation between various offences
Broken nose
Old-fashioned vocabulary is used in the OAPA 1861
Maliciously
MOWATT
Wounding covers minor cut yet S.18 and S.20 are serious
Sentencing is illogical for s.47 and s.20
Actus reus and mens rea issues
'Assault' has more than one meaning
IRELAND
S.47
Lack of correspondence between actus reus and mens rea of several non-fatal offences
Actus reus: CHAN-FOOK
Mens rea: SAVAGE
S.20 requires 'inflicting' GBH whereas s.18 requires 'causing'
BURSTOW
DICA: Transmission of diseases
Law Commission
Propose replacement modern act
Intentionally causing serious injury
Recklessly causing serious injury
Intentionally or recklessly causing injury
Threatened assault/physical assault
Clear hierarchy with modern and simplified words
These crimes would satisfy the correspondence principle.