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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.
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occasioning actual bodily harm was abolished, [10] and section 47 of the Offences against the Person Act 1861 was repealed, [11] on a date three months after 19 May 1997.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]
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.
Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level. [1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
Section 1(2)(a) of the United Nations Personnel Act 1997 (c.13) makes provision for assault causing injury, and section 1(2)(b) makes provision for assault occasioning actual bodily harm, on UN staff. Assault by person committing an offence under the Night Poaching Act 1828 This offence is created by section 2 of the Night Poaching Act 1828.
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction.
They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences Against the Person Act 1861). The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative.