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8 Cards in this Set
- Front
- Back
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Act and section |
S.47 offences against the person act 1861 |
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Define |
Assault or battery resulting in actual bodily harm. Inflicting more than trival harm affecting comfort |
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AR |
Deal with ASSAULT OR BATTERY first
- affected health or comfort - more than trivial - actual medical condition |
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"Affected health/comfort" |
R v Miller - had sex with wife against will - thrown her to ground - wife was in a nervous condition due to this
Held: "ABH includes any hurt or injury calculated to interfere with the health or comfort of the victims" |
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More than trivial / health condition |
Chan Fook - interrogated the student about ring - threatened to hit him - student tried to escape with a curtain pole but suffered a fractured wrist
Held: not liable Not be so trivial as to be wholly insignificant Recognised psychiatric condition |
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MR |
Intention
Recklessness |
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Intention |
R v Latimer |
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Recklessness |
DPP v Majewski |
