Non fatal offence-ABH and GBH Flashcards

1
Q

ABH

A

Assault occasioning ABH

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2
Q

who laid down ABH definition

A

statutory

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3
Q

ABH examples

A

broken nose
broken tooth
bruising

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4
Q

unlawful ABH

A

self defence
consent- piercings, tattoos

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5
Q

AR of ABH

A

Assault occassioning ABH

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6
Q

Elements of AR

A

assault means assault where an unlawful force used
occasioning means causing rules of causation
assault must cause ABH

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7
Q

miller

A

any hurt or injury calculated to interfere V’s health and comfort

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8
Q

RT

A

even momentairilly is ABH
Temporary loss of consciosness

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9
Q

Chan Fook

A

psychological must be more than fear or panic

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10
Q

MR of ABH

A

same as common law assault

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11
Q

Roberts

A

D must intend or be subjectivelly reckless for common law assault

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12
Q

limits

A

act too bad and dangerous to society

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13
Q

limit cases

A

Brown and BR

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14
Q

GBH

A

Whoever shall unlawfully and maliciously wound or inflict GBH Upon a person with or without a weapon

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15
Q

Legal Authority

A

S20 OAPA
S18 OAPA

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16
Q

S18 OAPA

A

indictable
max sentence life

17
Q

S20 OAPA

A

Tew
max sentence 5
less serious

18
Q

AR Elements

A

Wounding
inflict or cause
GBH

19
Q

Wounding

A

Must be external bleeding
A cut to skin

20
Q

Wounding case

A

Eisenhower

21
Q

Inflict or cause

A

Both mean cause

22
Q

GBH examples

A

Permanent disability
Blood loss
Broken limbs

23
Q

Laid down serious harm

24
Q

Severity of injury assessed v’s health and age

25
Disease can be GBH
Dica
26
Brief unconsciousness is potentially sufficient
Hicks
27
Mowat
D charged s18 instead of s20.
28
s20 MR definition
Malicious and unlawful wounding or inflicting GBH.
29
s20 MR Elements
Intention to do harm that was done. Cunningham reckless
30
Savage Malicious
Malicious means intentionally or recklessly
31
Parmenter malicious
Intention or recklessness to cause some or minor harm
32
s18 MR Definition
Intentionally wound or cause GBH
33
Intention to resist arrest
Morrison
34
Intention either direct or indirect case
Taylor
35
Forsee harm
D does not need to forsee the full extent of harm caused must only forsee some bodily harm.