Non fatal offence-ABH and GBH Flashcards
ABH
Assault occasioning ABH
who laid down ABH definition
statutory
ABH examples
broken nose
broken tooth
bruising
unlawful ABH
self defence
consent- piercings, tattoos
AR of ABH
Assault occassioning ABH
Elements of AR
assault means assault where an unlawful force used
occasioning means causing rules of causation
assault must cause ABH
miller
any hurt or injury calculated to interfere V’s health and comfort
RT
even momentairilly is ABH
Temporary loss of consciosness
Chan Fook
psychological must be more than fear or panic
MR of ABH
same as common law assault
Roberts
D must intend or be subjectivelly reckless for common law assault
limits
act too bad and dangerous to society
limit cases
Brown and BR
GBH
Whoever shall unlawfully and maliciously wound or inflict GBH Upon a person with or without a weapon
Legal Authority
S20 OAPA
S18 OAPA