s47 eval

• pro - there is a sliding scale of punishment so the more serious offences have a worser punishment
• pro - OAPA has been around for over 150 years and has established case law that works alongside it to give additional definitions that the statute might not provide
• pro - new case law can set precedent if needed to
• con - same as assault and battery when there is a different punishment for it
• con - out of date - doesnt include other things such as mental harm
• con - same mens rea as assault/battery but harsher sentence
• con - doesnt conform to 'correspondence principle' - can be guilty of s47 without intending injury
• con - same maximum sentence as s20 but there is less harm which is required - does not reflect blameworthiness
• reforms - LC 2015 proposals support this - D is guilty if intentionally or recklessly cause injury to another person