S.47 OAPA Flashcards
0
Q
Chan Fook
A
ABH includes psychiatric harm attested to by expert evidence.
1
Q
Donovan
A
ABH is any injury calculated to interfere with the health or comfort of V that is more than merely transient of trifling.
2
Q
Miller
A
ABH can include a “hysterical or nervous condition.”
3
Q
Ireland
A
There must have been a technical assault or battery for the S.47 offence to be charged.
4
Q
Roberts
A
“Occasion” may be interpreted as a synonym for “cause”.
5
Q
Dhaliwal
A
Psychological injury cannot constitute ABH, only psychiatric illness can.
6
Q
Savage and Parmenter
A
Mens rea for the S.47 offence is to be CONSTRUCTED from that of assault and battery; no advertence needs to be proved as to causing ABH.