LadyEllen
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Joined: 6/30/2006
From: Stourport-England
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http://www.cps.gov.uk/legal/section5/chapter_c.html
COMMON ASSAULT
where injuries amount to no more than the following:
Grazes;
Scratches;
Abrasions;
Minor bruising;
Swellings;
Reddening of the skin;
Superficial cuts;
A 'black eye.'
ACTUAL HODILY HARM
By way of example, the following injuries should normally be prosecuted under section 47:
Loss or breaking of tooth or teeth;
Temporary loss of sensory functions, which may include loss of consciousness. T v Director of Public Prosecutions, [2003] Crim. L. R. 622
Extensive or multiple bruising;
displaced broken nose;
minor fractures;
minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches);
psychiatric injury that is more than mere emotions such as fear, distress or panic. In any case where psychiatric injury is relied upon, as the basis for an allegation of assault occasioning actual bodily harm, and the matter is not admitted by the defence, then expert evidence must be called by the prosecution. (R v Chan-Fook, 99 Cr. App. R. 147, CA).
GRIEVOUS BODILY HARM
Grievous bodily harm means serious bodily harm. (Archbold 19-206). It is for the jury to decide whether the harm is serious. However, examples of what would usually amount to serious harm include:
injury resulting in permanent disability or permanent loss of sensory function;
injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion;
injuries resulting in lengthy treatment or incapacity;
psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury.
E
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