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
S18 OAPA
indictable
max sentence life
S20 OAPA
Tew
max sentence 5
less serious
AR Elements
Wounding
inflict or cause
GBH
Wounding
Must be external bleeding
A cut to skin
Wounding case
Eisenhower
Inflict or cause
Both mean cause
GBH examples
Permanent disability
Blood loss
Broken limbs
Laid down serious harm
Saunders
Severity of injury assessed v’s health and age
Bollom
Disease can be GBH
Dica
Brief unconsciousness is potentially sufficient
Hicks
Mowat
D charged s18 instead of s20.
s20 MR definition
Malicious and unlawful wounding or inflicting GBH.
s20 MR Elements
Intention to do harm that was done.
Cunningham reckless
Savage Malicious
Malicious means intentionally or recklessly
Parmenter malicious
Intention or recklessness to cause some or minor harm
s18 MR Definition
Intentionally wound or cause GBH
Intention to resist arrest
Morrison
Intention either direct or indirect case
Taylor
Forsee harm
D does not need to forsee the full extent of harm caused must only forsee some bodily harm.