Under the current law if I were to punch someone in the eye and inflict some injury, I could be charged with G.B.H with intent, s.18 which has a maximum sentence of life, because I intended to hit him and cause injury. But depending on the injury I could cause internal injury and get away with A.B.H as I didn’t break the layers of the skin, even if they are more serious. These acts could be reformed and made so that A.B.H also has an intent charge and it’s just as serious. In the R Vs Chan Fook case, the defendant locked the victim in a room; the victim scared of what the defendant may do jumped out the window and broke his legs. The defendant was only found guilty of A.B.H because he didn’t break any layers of the victim’s skin.
Another problem is that there is no gap in between the s. 20 and s. 18, s. 18 having a slightly more serious mens rea, but the maximum sentence leaps from 5 years to life imprisonment. This could be justified as a defendant who commits an s. 18 may have the mens rea for murder, if the person survives instead of being guilty of murder it would be an s. 18.
The old act does not contain any new such offences such as the inclusion of sexually transmitted diseases. There is no law to say that you cannot intentionally give someone else aids or HIV, unless you class them as a physical injury. This also would have to be added to the new reform of the act.
A new act for the offences against the person act was drafted in 1998. it contained,
Clause 1 – a person can be guilty: If he intentionally causes serious injury to another
: If he omits to do an act that results in serious injury to another and he intended to have that result.
: A person guilty of an offence inside this section is liable for life imprisonment.
Clause 2 – guilty if: He recklessly causes serious injury to another.
: Liable to imprisonment for a term not exceeding 7 years
: On summery conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum.
Clause 3 – guilty if: Either intentionally or subjectively recklessly causing injury to another.
: Liable to imprisonment not exceeding 5 years
: To imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum.
This is an easier to read version and would make it easier to class offences and have a wider range of offences to.
