Will grabbing someones neck and strangling them amount to ABH?
Or what charge will it amount to except the charge of S.21 as I have already used that so it cannot be used in this instance...
Turn on thread page Beta
Criminal Law - Advice??? watch
- Thread Starter
- 28-10-2017 13:39
- 21-11-2017 01:59
I don't exactly because I live in NZ, but try assault, Wounding with intent, GBH with intent, any Stupification offence or disabling offence should also be the first place to look. Making someone unconscious is counted as GBH, so it depends how far the act went.
- 21-11-2017 02:50
It might amount to ABH : S47
All you would need is the interference with a persons health and comfort: R v Miller
And must not be wholly insignificant or trivial: R v Chan Fook
It wouldn’t be S20 GBH
As a wound is defined as where there is a break in the continuity of the skin: Moriarty v Brookes
And an internal rupture of blood vessels will not constitute a wound: C v Eisenhower (a bruise basically)
You would probably get petechia with the strangling but argue that the q is silent as to the effects of the strangling and is uncertain as to whether an actual bodily harm as occurred.
Most likely will be battery though. R v Ireland: unlawful application of force on the V by the D. Here all elements are fulfilled.
- 21-11-2017 19:47
Reading this reminds me how boring criminal law is.