section 47 of the offences Against the Person Act 1861 has the same mens rea for an assault or battery. it doesn't require the defendant to intend or even realise that there is a risk of injury. This appears unjust because section 47 of the 1861 act has a maximum of 5 years imprisonment while assault and battery have a 6 month maximum of imprisonment. as the outcome of the attack dictates the offence, there is no need for separate offences.