Non-fatal Offences- ABH Flashcards

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1
Q

What section is ABH charged under?

A

S.47

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2
Q

What are the charges for ABH?

A

Max 5 years

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3
Q

What kind of offence is ABH?

A

Either-way offence

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4
Q

What is actual bodily harm according to Miller 1954?

A

Any injury which is calculated to interfere with the health or comfort of the victim

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5
Q

What is ABH also known as?

A

Aggravated assault

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6
Q

What is the definition of ABH?

A

An assault which causes ABH with the intention too To cause the victim to fear unlawful force of subject unlawful force or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force

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7
Q

What must the prosecution establish?

A

The existence of assault or battery

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8
Q

What did the case T V DPP 2003 say?

A

Harm does not have to be serious it can be a bruise or scratch

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9
Q

What kind of offence is ABH?

A

A basic intent crime

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10
Q

What is it not necessary to prove ?

A

Intention or recklessness to ABH , just to whether there was assault or battery

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11
Q

Which case said that harm can include psychiatric injury ?

A

Chan Fook

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12
Q

Which case said that cutting off a victims hair can amount to ABH?

A

R v Smith 2006

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13
Q

What act is ABH charged under?

A

OAPA 1861

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