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Law- Criminal Knowledge > ABH and GBH > Flashcards

ABH and GBH Flashcards

1
Q

What does ABH stand for?

A

Actual Bodily Harm

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2
Q

What does GBH stand for?

A

Grievous Bodily Harm

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3
Q

What is the definition of ABH?

A

S47 of the Offences Against the Persons Act (1861) defines ABH as ‘Common Assault occasioning actual bodily harm.’

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4
Q

What is part one of the actus reus of ABH?

A

D must commit a common assault eg assault or battery.

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5
Q

What is part two of the actus reus of ABH?

A

Occasioning, are there any causation issues?

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6
Q

What is part three of the actus reus of ABH?

A

Actual bodily harm injuries.

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7
Q

What does case Miller state about ABH injuries? (P3 of AR)

A

‘Any hurt or injury calculated to interfere with the health or comfort of the V, but it has to be more than trifling.’

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8
Q

What does case Chan Fook state about ABH injuries? (P3 of AR)

A

‘The injury should not be so trivial as to be wholly insignificant.’

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9
Q

What are 4 examples of ABH injuries? (1)

A
  1. Multiple bruising (minor bruising = battery)
  2. Loss of teeth (multiple teeth = GBH)
  3. Temporary loss of sensory functioning
  4. Broken bones (nose, toes, fingers, hairline fractures)
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10
Q

What are 4 examples of ABH injuries? (2)

A
  1. Minor cuts requiring treatment (serious cuts/wound = GBH)
  2. Psychiatric injury (Chan Fook/ R v D, must be more than normal human emotion)
  3. Cutting of V’s hair (Smith)
  4. Loss of consciousness (T V DPP)
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11
Q

What is the mens rea of ABH?

A

Savage- you only need the mens rea for the common assault eg mens rea of assault or battery.

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12
Q

What is the MR of assault?

A

Intention or recklessness to cause V to apprehend immediate and unlawful force (Venna).

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13
Q

What is the MR of battery?

A

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

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14
Q

What are the two types of GBH?

A
  1. s20- Malicious wounding (max 5years)
  2. s18- GBH with intent (max life)
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15
Q

What is the definition of s20 of GBH?

A

Offences Against the Persons Act (1861) defines s20 as where D wounds or inflicts GBH upon the V with the intention or recklessness to cause harm.

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16
Q

What is the definition of s18 of GBH?

A

Offences Against the Persons Act (1861) define s18 as D wounds or causes GBH with intent or with intent to resist arrest.

17
Q

What type of crime is s20 GBH?

A

Basic intent crime

18
Q

What type of crime is s18 GBH?

A

Specific intent crime

19
Q

What are the two ways to commit the actus reus of GBH?

A
  1. Wounding
  2. GBH Injuries
20
Q

What is wounding (AR of GBH)?

A

Eisenhower- a cut or break in both layers of skin. To be considered GBH the cut must be serious (‘deep cut’) and must cause a substantial loss of blood.

21
Q

What does it mean to inflict GBH Injuries (AR of GBH)?

A

Smith- this means no more and no less than a serious injury, but it does not have to be life threatening.

22
Q

What are examples of GBH injuries? (1)

A
  1. Broken bones (serious fractures- jaws/leg/arm/ribs)
  2. Injuries requiring lengthy treatment
  3. Substantial blood loss
23
Q

What are examples of GBH injuries? (2)

A
  1. Permanent loss of sensory functioning
  2. Serious psychological injuries (Ireland/Burstow)
  3. Biological Harm (Dica-HIV)
24
Q

What is side rule 1 for the AR of GBH?

A

Vulnerable Victim- when assessing the seriousness of the injuries you are allowed to take unto account the V’s age and health (Bollom). If V is old, young or suffering from a medical condition it is more likely to be GBH.

25
Q

What is side rule 2 for the AR of GBH?

A

Accumulation of injuries- an accumulation of less serious or ABH injuries can amount to GBH when taken together (Brown and Stratton).

26
Q

What is the mens rea for s20 of GBH?

A

Intention or recklessness to cause some injury (Mowatt).

27
Q

What is the mens rea for s18 of GBH?

A

D intended to cause V serious injury and has the intention to resists arrest but GBH is caused (Morrison).

Law- Criminal Knowledge (10 decks)

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