s47

• ++ sliding scale of punishment so more serious offences have worse punishment
• ++ oapa around for over 150 years, established case law that works alongside to give additional clarification/definition the statute doesn't provide
• ++ new case law can set precedent if needed, system works
• -- same as assault/battery
• -- out of date, when act drafted said bodily harm what about mental harm
• -- not logical sentencing structure reflecting seriousness of each offence, little difference between battery and abh (abh 5 years, battery 6 months)
• -- same mens rea as assault and battery, harsher sentence
• -- same max sentence as s20 (5 years) although less harm
• -- doesn't conform to correspondence principle, can be guilty of s47 without intending injury
• reform - keep max sentence at 5 years
• reform - 1998 draft bill in home office consultation document, set out 4 main offences, clause 3 created offence of intentional or reckless injury to replace s47, not passed into act
• reform - law commission 2015 proposals support this, d guilty if intentionally/recklessly cause injury to another