A03

P1

The OAPA is out if date - old language

DP 1

grievious, wounding, malicious - outdated - judges define - DPP v Smith - really serious harm

H1

Law commission - simplifying language- up to date - not relying on judges

P2

Inconsistent AR + MR - S47 + S.20

Dp2

s.47 - assult and battery all have the same MR

S.20 and S.18 have the same AR but diff MR

Guilty of an AR that they didnt have MR for - Against correspondence

H2

Separate out the offence based on MR to reflect what was intended

P3

Illogical sentencing

Dp3

Inconsistent sentencing does not reflect severity of the offence

S.47 and S.20 - 5 years

S.20 and s.18 - 5 - life - AR is same

H3

Law commission - changing sentence to better reflect offence

P4

Has to be regularly updated by judges to make sure the law remains up to date in the modern world

Dp4

Psychiatric and biological harm not included in OAPA 1861. Burstow and Dica had to update law - reliance on judges

H4

Codify the law to put the cases decided by judges into statue. Reflects modern medicine and keeps the law up to daye with both medicine and society