Non Fatals- ABH S47 Flashcards Preview

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Flashcards in Non Fatals- ABH S47 Deck (12)
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1

AR of ABH S47

An assault or battery occasional ABH

2

MR of ABH

Intentionally or recklessly causing the AR

3

Where’s the law on ABH defined

Statute S47 oapa

4

Act D is charged under

S47 oapa

5

Category of offence

Triable witherway

6

Maximum sentencing

5 year

7

Basic or specific intent?

Basic

8

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’

9

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

10

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

11

Omar

Barber shaved a child’s head as punishment with no consent. Convicted for 8 month follows DPP V Smith

12

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