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law questions > ABH > Flashcards

ABH Flashcards

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1
Q

What is the D liable for?

A

ABH

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2
Q

What is the definition of ABH and what act is relevant?

A

The definition of ABH is “a common assault that occasions actual bodily harm”. The act is the offences against the persons act 1861.

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3
Q

Stage 1 - What must have the D committed?

A

The D must have committed a common assault (assault or battery)

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4
Q

Stage 2 - What must have assault or battery caused?

A

It must have caused the injuries.

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5
Q

Stage 3 - What must the V have?

A

The V must have ABH injuries.

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6
Q

What is the quote for Miller?

A

any hurt or injury calculated to interfere with the health and comfort of a V but must be more than trifling

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7
Q

What is the case for “must not be so trivial as to be wholly insignificant”

A

Chan Fook

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8
Q

ABH injury : what type of bruising should there be?

A

Extensive/multiple bruising

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9
Q

ABH injury : Is it permanent or temporary loss of sensory function?

A

Temporary loss of sensory function

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10
Q

ABH injury : What injury is Ireland and Burstow for?

A

Psychiatric Injury - mild or temporary

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11
Q

ABH injury : What bones will have to be broken?

A

Broken nose, toes, fingers, hair line fracture of another bone

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12
Q

ABH injury : What case is for temporary loss of consciousness?

A

T v DPP

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13
Q

ABH injury : What injury is for smith?

A

Cutting of Vs hair

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14
Q

ABH injury : What cuts which will require medical treatment?

A

Minor cuts requiring medical treatment

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15
Q

ABH injury : What injury to the tooth?

A

Chipped / loss of tooth

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16
Q

What phrase is it for savage?

A

Only the mens rea for assault or battery is needed

17
Q

What is Mohan?

A

Intention

18
Q

What case is it for recklessness?

A

Cunningham

19
Q

What case appears at the end of the mens Rea?

A

Venna

20
Q

What is the mens rea for assault?

A

Intention (Mohan) or recklessness (Cunningham) to do an act which cause V to apprehend immediate unlawful force (Venna)

21
Q

What is the mens rea for battery?

A

Intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V (Venna)

law questions (12 decks)

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