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The common law offence of assault occasioning actual bodily harm was abolished, [10] and section 47 of the Offences against the Person Act 1861 was repealed, [11] on a date three months after 19 May 1997. [12] The modern offences of assault, assault causing harm, and causing serious harm were created by that Act. [13]
Aggravated assault includes assault with further specific intent, [27] assault causing particular injuries (actual bodily harm, [28] and grievous bodily harm, [29] assault with offensive weapons or dangerous substances [30] ("offensive weapon or instrument" is defined in s 4 of the Crimes Act [8]) and assaults on victims of special status, [31 ...
Assault occasioning actual bodily harm (and derivative offences) Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) [ 2 ] These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861 .
He said that juries "should not be directed that an assault which causes a hysterical and nervous condition is an assault occasioning actual bodily harm". This was followed by the Court of Appeal in R v Constanza, [3] and the House of Lords which confirmed the principle in R v Burstow, R v Ireland. [4]
An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "grievous bodily harm" (GBH). Assault occasioning actual bodily harm This offence is created by section 47 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100).
Smith, of Archer Crescent, Wymondham, Norfolk, pleaded guilty to two charges of affray and assault causing actual bodily harm. Sam Lowne, prosecuting, said the victim had received a message ...
On 24 May, hours before Nowland's death, he was charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault. [14] On 29 November, White's charges were upgraded to manslaughter. [15] On 27 May, a small group of protestors marched on NSW Police headquarters in Parramatta. [16]
In R v Richardson [1998] 2 Cr App R 200, the patient believed that she was receiving dental treatment which otherwise would have given rise to an assault occasioning actual bodily harm, from a dentist who had in fact been struck off the register. The Court held that the identity of the defendant was not a feature which, in that case, precluded ...