Talk:Actual bodily harm
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[edit] Merger
The proposal is to merge the laws of two different jurisdictions. I do not know without research to what extent the Canadian law has departed from the original English model, but in principle, I oppose the proposal. Although the source is the same, the Offences Against the Person Act 1861, it seems that Canada now uses a different term which suggests a new statute or body of case law modifying the original so that it matches Canadian requirements. I think it likely to be confusing to have two diverging explanations of more or less the same phrase on the same page. The better course is for someone with knowledge of Canadian law to expand the Canadian stub. David91 03:18, 10 February 2006 (UTC)
- I myself do not know much about Canadian Law (or English law, for that matter), though I have heard the term "Assault causing bodily harm" used in Canada. I agree with your decision not to merge the two articles, and will remove the merger tags in ten days unless somebody does not agree. Kareeser|Talk! 00:00, 18 February 2006 (UTC)
- Are we a law dictionary or an encyclopedia? Do we need separate Murder articles for each jurisdiction? Ewlyahoocom 05:44, 19 February 2006 (UTC)
- Wiki is an encyclopaedia and, not that it is relevant to this particular merger proposal, "yes" we do need and have separate articles for murder because, otherwise, the murder page would be too big and cumbersome if every different facet of the topic by jurisdiction was included. Sorry, what was your vote for this merger proposal? David91 06:05, 19 February 2006 (UTC)
- Actually, Wikipedia is an encyclopedia, and a wiki is a website that anyone can edit. --Phroziac ♥♥♥♥ 15:32, 21 March 2006 (UTC)
- Lets not get petty. This article should not merged. All of the above arguments for keeping the two articles seperate seem correct. I am currently studying law and, although the statute is important, the law is very much based on cases which are in english law (and i would assume not in canadian law, as far as i know). Wright123 22:28, 13 April 2006 (UTC)
- Actually, Wikipedia is an encyclopedia, and a wiki is a website that anyone can edit. --Phroziac ♥♥♥♥ 15:32, 21 March 2006 (UTC)
Can we remove the merger thing now? Wright123 18:36, 21 April 2006 (UTC)
- I have removed it because i think everyone agrees. Feel free to put it back up/oppose the removal. Wright123 19:34, 23 April 2006 (UTC)
[edit] Mens Rea
I may be wrong but i though the Mens Rea for ABH was there only needs to be enough intention to cause assault and/or battery. i.e. For ABH you only need to be specific intent or subjective recklessness to cause the victim to fear immediate unlawful force and/or to actually apply unlawful force. Wright123 17:23, 14 April 2006 (UTC)
[edit] Imprisonment
"There is a maximum sentence of 5 years imprisonment (or 7 years if it is racially motivated)."
Nothing really to do with how the article was put together, but who would agree that just because a crime is "racially motivated" it shouldn't mean that they get a longer sentence? What if it was against someone because they were a retard? or if they were fat?
