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Criminal Law > Non fatal offence-ABH and GBH > Flashcards

Non fatal offence-ABH and GBH Flashcards

1
Q

ABH

A

Assault occasioning ABH

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2
Q

who laid down ABH definition

A

statutory

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3
Q

ABH examples

A

broken nose
broken tooth
bruising

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4
Q

unlawful ABH

A

self defence
consent- piercings, tattoos

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5
Q

AR of ABH

A

Assault occassioning ABH

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6
Q

Elements of AR

A

assault means assault where an unlawful force used
occasioning means causing rules of causation
assault must cause ABH

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7
Q

miller

A

any hurt or injury calculated to interfere V’s health and comfort

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8
Q

RT

A

even momentairilly is ABH
Temporary loss of consciosness

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9
Q

Chan Fook

A

psychological must be more than fear or panic

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10
Q

MR of ABH

A

same as common law assault

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11
Q

Roberts

A

D must intend or be subjectivelly reckless for common law assault

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12
Q

limits

A

act too bad and dangerous to society

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13
Q

limit cases

A

Brown and BR

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14
Q

GBH

A

Whoever shall unlawfully and maliciously wound or inflict GBH Upon a person with or without a weapon

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15
Q

Legal Authority

A

S20 OAPA
S18 OAPA

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16
Q

S18 OAPA

A

indictable
max sentence life

17
Q

S20 OAPA

A

Tew
max sentence 5
less serious

18
Q

AR Elements

A

Wounding
inflict or cause
GBH

19
Q

Wounding

A

Must be external bleeding
A cut to skin

20
Q

Wounding case

A

Eisenhower

21
Q

Inflict or cause

A

Both mean cause

22
Q

GBH examples

A

Permanent disability
Blood loss
Broken limbs

23
Q

Laid down serious harm

A

Saunders

24
Q

Severity of injury assessed v’s health and age

A

Bollom

25
Q

Disease can be GBH

A

Dica

26
Q

Brief unconsciousness is potentially sufficient

A

Hicks

27
Q

Mowat

A

D charged s18 instead of s20.

28
Q

s20 MR definition

A

Malicious and unlawful wounding or inflicting GBH.

29
Q

s20 MR Elements

A

Intention to do harm that was done.
Cunningham reckless

30
Q

Savage Malicious

A

Malicious means intentionally or recklessly

31
Q

Parmenter malicious

A

Intention or recklessness to cause some or minor harm

32
Q

s18 MR Definition

A

Intentionally wound or cause GBH

33
Q

Intention to resist arrest

A

Morrison

34
Q

Intention either direct or indirect case

A

Taylor

35
Q

Forsee harm

A

D does not need to forsee the full extent of harm caused must only forsee some bodily harm.

Criminal Law (14 decks)

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