ABH

• Outdated law


  The Offences Against the Persons Act, 1861, s.47 is very old and may be seen as outdated, especially within the word "occasioning"
• However, 


  There is case law which is more recent and keeps the act up to date, R v Donovan, R v miller
• Requires no foresight of harm 


  May be unfair
• However, 


  If committing an assault or battery they cannot be sure that it will not cause harm
• Gaps between max sentencing for ABH- assault or battery


  Assault/ battery- Max 6 months

  ABH- Max 5 years

  Actus reus may not be that different
• However,

  It is only a maximum and will be up to the judges discretion, there is also the possibility to appeal