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6th Para - Reform found in draft bill clause 2, 7 year sentence, more serious.
The suggested form can be found in the draft bill this section is found in clause 2 and is the offense of reckless serious injury. The D would have to be reckless to serious injury and it would carry a max sentence of 7 years in prison., reflecting that this is a more serious clause.
7th Para - Wounding AR FOR S20, PIN PRICK, JCC v Eisenhower, reform would sort this.
One criticism which is common of s20 and s18 is the fact that wound can fulfill the AR of both sections and wound is held to be breaking all layers of the skin JCC v Eisenhower. This could in theory mean that a D could be found guilty of s20/18 after pricking someone with a pin. The requirement for serious injury would for both clause one and two of the draft bill would reform this anomaly.
8th Para - s18, GBH, wound or resist arrest, R v Taylor, int serious harm,clause 1, lang.
For s18 the D must have caused Grievous Bodily Harm, maliciously wound or resist arrest. R v Taylor confirmed the correct MR for s18 is intention to cause serious harm, and intention to wound is not sufficient. Clause 1 of the draft bill is intentional serious injury, this lang is more straight forward. This clause would also remove resist arrest due to D having small blameworthiness level but still being convicted or a serious offense.
9th Para - age of act, lang misleading, malice s20, random, draft bill is more logical.
One problem relating to the age of the act, is that the language is misleading and archaic. Maliciously, s20 R v Cunningham, maliciously was interpretated to mean intentionally or recklessly for legal purposes. Whilst in everyday language malicious means "with a bad motive".
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