Critical evaluation and potential reforms of the law on section 47

Question 1

What is an issue of the mens rea of section 47

Answer 1

It is unfair that a person can be convicted of a section 47 offence which has the maximum sentence of 5 years imprisonment when they only have the mens rea of a lesser crime

Question 2

What is wrong in the definition of section 47

Answer 2

It include both assault and battery which is confusing if there is an unlawful application of force does the victim need to fear that force?

Question 3

What adds to the problems of assault and battery

Answer 3

Neither are defined in statued so there is no clear cut definition of either

Question 4

What are the issues of the wording of the statute

Answer 4

The word occasioning is confusing as to what that actually means and actual seems unnecessary and can bodily harm not be actual?

Question 5

What is the issue on the level of harm needed

Answer 5

ABH covers a wide range of harm and includes psychiatric harm this makes it hard if the defendant as caused ABH or the GBH