Non Fatal Offences

Question 1

S2 (Simple) Assault?

Answer 1

Intentionally or recklessly applies force or causes impact / causes another to believe on reasonable grounds
Dpp v K 1990 (hand dryer)

Question 2

Harassment?

Answer 2

S10: where they act intentionally/ recklessly, seriously interferes with another’s peace / privacy/ causes alarm & acts such that reasonable person would realise
R v Constanza 1997 (phone calls/ letters/ driven past home)

Question 3

Assault on peace officer?

Answer 3

S19 criminal justice (public order) act 1994
Assault a PO acting in the course of duty/ knowing or reckless wether or not PO/ aiding PO/ preventing lawful detention
1yr/ €2500 S 5yrs I

Question 4

S3 Assault Causing harm?

Answer 4

S1 harm means body or mind & includes pain / unconsciousness
R v Robert’s 1972: argued had to be foresight, COA held issue of harm one of causation
(Jumped out the window)
Dolny 2008: must have carried out assault & must have caused harm

Question 5

S4 Assault causing serious harm?

Answer 5

S4(1) person who intentionally/ recklessly causes serious harm
S1: serious harm injury which creates substantial risk of death / disfigurement/ substantial loss of mobility/ function of any organ
Dpp v Kirwin (glass in eye) not necessary to have long term consequences

Question 6

Threats to kill / cause serious harm?

Answer 6

S5(1) makes threat intending other to believe will be carried out

Question 7

Offences involving syringes S1?

Answer 7

S1 includes any sharp instrument capable of piercing skin & passing blood / fluid resembling blood

Question 8

Syringe Attacks?

Answer 8

SS1: May take form of injuring by piercing skin/ threatening. Must prove attack caused belief that victim would become infected
SS2: May take form by spraying, pouring blood
SS3: third party

Question 9

Possession of syringe?

Answer 9

S7(1) offence to possess syringe / blood in container intended to unlawfully cause threat / injury
Prosecution do not have to prove intent

Question 10

Coercion?

Answer 10

S9(1) offence to compel another to abstain from act which other has lawful right to do
Intimidates/ causes damage to property/ follows/ watches or besets premises

Question 11

Offences involving child abduction?

Answer 11

S16 1997 Act: offence to / cause take/ send / keep child under 16 out of state
Without consent of each parent / guardian

Question 12

Defences to child abduction?

Answer 12

SS3: if unable to communicate but believes they would consent. No requirement for reasonable belief
If did not intended to deprive others having rights
S17: defence if believed child was 16