Non-Fatals

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  • Created by: rachel
  • Created on: 11-06-14 17:55

ABH

S47.

Actus Reus- must be an assault/battery

Must be more than trivial- Chan-Fook.

Harm includes psychiatric harm but not mere emotions- Chan-Fook.

Smith 2006- Cutting off someone's hair is ABH.

Miller- Any hurt/injury calculated to interfere with the comfort/health of the victim.

Causation must be proved.

Mens rea- assault/battery.

D need not intend or be reckless as to harm- Savage.

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S20

Actus Reus- Wounding/GBH

Wounding- JCC V Eisenhower- a break in 2+ layers of skin. GBH- 'really serious harm'- Smith, but serious harm is enough- Saunders.

Burstow- Serious psychiatric harm can be GBH.

Bollom- age can affect situation (ie. make it worse).

Brown and Stratton- an accumulation of minor injuries can be GBH.

Mens Rea- Intention/Recklessness as to causing some harm- Mowatt.

S18- 'Intention to cause GBH-Belfon.

+plus intention to cause some harm'.

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