Aggravated OAP Flashcards
DPP v Smith 2006
D was awoken by V, former girlfriend.
D pushed V onto bed, cut off ponytail without consent.
Charged w/ assault occasioning ABH, S47 OAPA 1861.
D submitted no case to answer, no wound or psychiatric harm.
Appeal: Hair part of human body, though technically dead skin.
Fell within ‘Bodily’ for S47.
Case remitted to magistrate.
R v Chan-Fook 1994
D accused V, a French student, lodging at his gf’s house, of stealing his engagement ring.
Physically assaulted V (allegedly) and put him in an upstairs room.
Fearing for safety he attempted escape via the window, breaking his shoulder and dislocating his pelvis.
Jury directed to convict where satisfied that D had caused a nervous condition.
D convicted of assault occasioning ABH.
Held on appeal: Psychiatric injury falls within ABH, but V was not suffering a known condition.
Fear/panic not within ABH.
No evidence of psychiatric injury.
Conviction quashed.
R v Miller 1954
V left D, her husband, and filed for divorce on ground of adultery.
D subsequently met his wife and had intercourse against her will.
Held: D could not be guilty of rape unless implied consent was revoked by divorce/separation.
Husband not entitled to use force to assert his marital right, doing so amounted to an assault.
Causing a hysterical and nervous condition in V brought action within ABH, to be put to the jury.
Guilty of common assault.
DPP v M 2004
D demanded a kebab.
V refused, citing no payment.
D verbally abused V, using the phrase ‘Bloody foreigners.’
D then went on to crack the shop window.
Justices held no case to answer, ‘Foreigners’ not constituting a racial group.
Appeal by DPP: Held, A non-inclusive term satisfied the act.
‘Bloody’ demonstrated hostility.
Justices erred in judgement.
Case remitted to magistrate.
