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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occasioning actual bodily harm was abolished, [10] and section 47 of the Offences against the Person Act 1861 was repealed, [11] on a date three months after 19 May 1997.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 .
This includes assault occasioning actual bodily harm, where the victim suffers injuries such as bruising or skin abrasions (the converse being an injury that is "transient and trifling"); wounding (a piercing of all layers of the skin); and causing grievous bodily harm (injuries more serious than in actual bodily harm, for example broken bones).
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).
In the NSW Crimes Act 1900 murder is defined as follows: [9] [10]. Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or ...
R v Savage; R v Parmenter [1991] [1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm.