Nero132
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#1
Report Thread starter 11 years ago
#1
Hey, just wondering that this actually is? I keep hearing it but havent come accross it yet?

Thanks.
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eviltimmehempire
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#2
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#2
if you hear it being said VERBALLY... are you sure it's not chan fook but something else and you just misheard? cause as i'm sure you've tried already... a search for "chan fook" returns nothing relevant on google...
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Nero132
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#3
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#3
nah definately was chan fook.. was in a past paper mark scheme as a potential content answer. hmm..
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Clefeen
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#4
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#4
Chan Fook is a case name but I don't think there's a test.
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Nero132
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#5
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http://www.aqa.org.uk/qual/gceasa/qp...W-MS-JAN07.PDF

Page 13.. under (a) 4th line..

:\
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eviltimmehempire
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#6
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have you checked the actual paper? i have a feeling chan fook will either be defined or metioned in the question/case study
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Nero132
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#7
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nah its not.
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Nero132
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#8
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#8
Found these..


R v Chan-Fook (1994)


^[ABH - include psychiatric harm but not emotions – escape case]

D subjected V to questioning about the theft of a ring belonging to D’s fiancée. D then dragged V upstairs to a room and locked him in. V feared D’s return and injured himself when he fell through a window.

Held: ‘Actual bodily harm ‘; includes psychiatric injury but does not include emotions, such as fear or panic. ABH does not include states of mind that are not themselves evidence of some identifiable clinical condition. Only expert evidence to this effect should be made to the jury regarding psychiatric injury.

Per curiam: the phrase ‘state of mind’ is unscientific, confusing and should be avoided when considering whether psychiatric injury has been caused.

Verdict: Not Guilty

====

The case in the question was similar whereas someone was injured falling out the window of a building someone set fire to.. Maybe the "test" so to speak is that of the blame for the injury which can either be caused by the defendants actions or the victims fear.

Sound any good?
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~*Ai*~
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#9
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chan-fook (1994) is actually to give the definition of "actual bodily harm as any harm to the body (including the brain and internal organs) that is more than insignificant"
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afc1886
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#10
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I thought it was for psycological liability in determining intent?
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gilani786
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#11
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#11
chan fook test aint a test.. it related to testing wether there was any psycological damge as to wether ABH was committed.. its the case of R v Chan fook... to be specific its a case under any assault occasioning actual bodily harm Offences against the person act 1861
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pcok
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#12
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The principle from Chan Fook is whether abh can include psychological harm - yes it can.
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~*Ai*~
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#13
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that's why it includes any harm to the body (including the brain and internal organs) ^^
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The Black Chuck Norris
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#14
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In the exam if you were discussing ABH you'd write a short line such as "ABH can also be Psychological harm, seen in the case of R v Chan Fook.


The actual case SUMMARISED is basically some dude trying to rob Chan Fook, chan fook catching him, locking him up in a room and the robber fearing Actual Bodily Harm, so he jumped out of the window and got hurt. In the exam I wouldnt explain this case anyway because you'll probably have to mention 4-5 other cases and explain one out of them, I explained R v Roberts in Jan.

The case you have posted above is incorrect Nero.
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