Non Fatals- ABH S47 Flashcards
AR of ABH S47
An assault or battery occasional ABH
MR of ABH
Intentionally or recklessly causing the AR
Where’s the law on ABH defined
Statute S47 oapa
Act D is charged under
S47 oapa
Category of offence
Triable witherway
Maximum sentencing
5 year
Basic or specific intent?
Basic
Miller
D threw his wife to the floor and raped her. Clarified what ABH is ‘ABH includes any hurt or injury calculated to interfere with the health or comfort of V’
T V DPP
C was chased by a group of youths he fell covered his head and he was kicked and had a short loss of consciousness. Extended ABH to include loss of consciousness
DPP V Smith
D broke into his exes house and cute off her ponytail . This amounted to ABH harm must be actual not small or trivial
Omar
Barber shaved a child’s head as punishment with no consent. Convicted for 8 month follows DPP V Smith
Chan fook
V was threatens for stealing he ran and broke wrist . Feelings of fear or panic are emotions not injury AR not compete need evidence of recognised psychiatric condition