ABH Flashcards

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1
Q

From

A

s.47 OAPA - 5 years max, triable either way

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2
Q

1.

A

Assault or battery

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3
Q

Causes

A

Factual; but for; r v white
Legal ; more than de minimis; r v kimsey
New intervening acts break chain of causation; daft and unforeseeable will (R v Williams and davis) ; foreseeable acts wont (R v roberts)
Thin skull rule; take victim as find them ; r v blaue

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4
Q

Harm

A

R v mIller; interfere with health and comfort of victim
Scratch, bruises, swelling, loss/broken teeth, minor broken bones
T v DPP; loss of consiciousness even few seconds
DPP v Smith; cut hair with no permission
R v Chan fook; includes psychological harm

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5
Q

Mens rea

A

Intention or subjective recklessness towards assault or battery, no need to foresee harm

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