ABH Flashcards

1
Q

Category of offence

A

Triable-either-way

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2
Q

Max sentence

A

5 years in prison

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3
Q

Section number

A

S.47

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4
Q

Definition

A

Intentional or reckless assault thereby causing actual bodily harm to the victim

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5
Q

AR

A

an assault occasioning actual bodily harm

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6
Q

MR

A

intentionally or subjectively recklessly causing an assault or battery

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7
Q

Where is the MR defined?

A

case law

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8
Q

Why is where the MR defined a problem?

A

Because it’s not written in the act

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9
Q

Who suggested reforms?

A

Law commission

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10
Q

Where is it defined?

A

S.47 offences against the persons act 1861

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11
Q

Why is the act a problem?

A

Because it’s not fit for modern society

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12
Q

What type of intent?

A

Basic

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13
Q

Miller

A

F- D threw his wife on the floor and raped her

R- It interfered with the health and comfort of the victim

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14
Q

T v DPP

A

F- D was kicked by a group of youths and fell unconscious

R- Loss of conscious interferes with v’s health and comfort

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15
Q

DPP v Smith 2006

A

F- D broke into his ex’s house and cut off her ponytail

R- ABH includes features like hair

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16
Q

Chan Fook

A

F- V tried to escape D after being accused of stealing a ring but fell out the window
R- Psychiatric harm needs to be verified by a doctor, rules out emotions

17
Q

DPP v K

A

F- D put acid in a hand dryer and it scarred a boy’s face

R- Application of force need not be direct

18
Q

Cunningham

A

F- D tore the gas meter of the wall and gas seeped into his neighbour’s house
R- Had no intent but was reckless

19
Q

Savage and Parmenter

A

Savage- Threw beer over V ang cut her with the glass
Parmenter- Injured his newborn son and broke bones
R- Neither had intent but they were both reckless

20
Q

Why is the oatp act unfit for modern use?

A

Because the language is outdated and old and the MR isn’t mentioned

21
Q

What does the oatp lack?

A

Clarity