Section 47 Assault Occasioning in ABH - Criminal Justice Act 1988 Cases

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  • Created by: Anick
  • Created on: 09-01-13 11:55
More than trivial/trifiling and can extend to psychological harm (V was locked in a cupboard)
R v Chan Fook
1 of 7
Any hurt or injury which causes V to feel pain/discomfort
R v Miller
2 of 7
Loss of consciousness even momuntarily can constitute ABH
T v DPP
3 of 7
Cutting hair without consent amounts to ABH (Michael cut of his ex girlfriends pony tail without consent)
DPP v Smith
4 of 7
There needs to be foresight of consequences and general awareness for recklessness (D was charged with ABH but on appeal was acquited was he was unaware of V even being on his roof when he fired the shot)
R v Spratt
5 of 7
Psychiatric harm does not include mere emotions such as fear, distress or panic it must be a recognised illness (D had a bried relationship with V and harrassed her, also a case for HOL looking at "inflict")
R v Burstow
6 of 7
Mens rea for ABH = Mens rea for S.39 (D threw a beer glass over V)
R v Savage
7 of 7

Other cards in this set

Card 2

Front

Any hurt or injury which causes V to feel pain/discomfort

Back

R v Miller

Card 3

Front

Loss of consciousness even momuntarily can constitute ABH

Back

Preview of the front of card 3

Card 4

Front

Cutting hair without consent amounts to ABH (Michael cut of his ex girlfriends pony tail without consent)

Back

Preview of the front of card 4

Card 5

Front

There needs to be foresight of consequences and general awareness for recklessness (D was charged with ABH but on appeal was acquited was he was unaware of V even being on his roof when he fired the shot)

Back

Preview of the front of card 5
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