1 NFOAP Flashcards
s.2 Assault Definiton
“Directly applying force causing impact or the apprehension of impact
DPP v K
s.2 - “Has to be inflicted directly”
R v Thomas
case which illustrates the level of force/impact for a s.2 assault
R v Ireland
apprehension of force - silent calls
what is the test for s.2 assault
Objective test - reasonable person
s.3 assault
assault causing harm
Minister for Justice v Dolny
level of harm is set to the dictionary definition
R v Dhaliwal
allows psych injury to fall into s.3 as harm
DPP v Brown
degree is lower than serious - 10 year sentence
s.4 assault
assault causing serious harm
what is involved in s.4 assault
intent/recklessness
r v mowatt
foreseeability of harm is sufficient
Defences to Assault charges
Consent - PVQ, not a defenmce if harm is serious
what is in s.22 of NFOAP
Exceptions to the defences of consent
s.6 nfoap
syringe offences
s.5 nfoap
threats
s.9 nfoap
coercion
s.10 nfoap
harassment
Criminal Justice (MIsc Provisions) act 2023
new s.20 charge of harassment
DPP v O’Reilly
Serious harm need not occur to be done for s.13 endangerment
s.13 of 2023 act
Endangerment
s.15/16/17 of 2023 act
Abductions
s.39/40 DMV Act 2018
Coercive control
Recent Cases of Coercive Control (3)
DPP v Dunleavy DPP v Kane DPP v Moody
