Non-fatal Offences (cases) Flashcards
What happened in Tuberville V Savage(1667)?
The defendant place hand on a sword, and said if it were not assize time, I would not take such language . The justices of a size were in town. Not assault – words negate the offence.
What happened in Logdon (1976)?
Defendant showed victim a fake gun in his desk drawer and pointed it at him. Victim was terrified and then defendant told him it was fake. Assault is committed as a victim, apprehended, immediate unlawful personal violence and the defendant was reckless.
What happened in (Ireland 1997) ?
Defendant made a series of silent phone calls over three months to 3 different women. Silence can amount of salt as it caused the victim to fear for immediate safety.
What happened in Smith V Woking police station?
Defendant entered private garden at 11 pm and look through the bedroom window. Victim screamed and called the police. Guilty of an assault – intention to cause fear of immediate violence.
What happened in lamb(1967)?
Two boys were playing with a revolver, it had two bullets but neither were opposite the barrel, so they thought it wouldn’t fire. They pulled the trigger and killed the other. This was not assault as we didn’t fare for safety or apprehend, immediate and lawful, personal violence.
What happened in (Constanza 1997)?
Defendant sent over 800 threatening letters, followed home, offensive words on the door, drove past house and stole items from washing line of ex-colleague. She suffered clinical depression as a result, immediately was present and words can amount to assault.
What happened in Collins V Wilcock (1984)?
Police officer, defendant, grabbed arm of victim to stop her walking away. Victim scratched defendant and was charged with assaulting police officer. The conviction was quashed defendants actions amounted to battery therefore victim’s actions were self defence.
What happened in Thomas (1985)?
Defendant, school caretaker, convicted of two accounts of indecent assault on female students. Touch both their skirts. Battery offence-Touching clothes can be sufficient the battery.
What happened in Haystead (2000)?
Defendant punch woman twice in the face while she held a child, the child fell and hit their head on the floor ,defendant was convicted of battery to child as he was subjectively reckless.
What happened in Faulkner V Talbot (1981)?
Defendant force 14-year-old boy to have sex with her. Battery offence has any touchings will suffice.
What happened in Fagan V MPC (1968)?
Police officer directed man to park his car. Defendant drove on his foot accidentally, but once made aware refused to move. Refers to the contemporaneity rule -continual act of battery
What happened in DPP V K (1990)?
Defendant took acid from Science lesson into toilet and hid it in hand dryer when he heard footsteps. he planned on going back for it, however, victims use the hand dryer and sprayed with the acid causing permanent scars. The application of force doesn’t have to be direct.
What happened in T V DPP(2003)?
Victim was kicked by defendant while on the floor after being chased. Victim became unconscious.
Losing consciousness amounts to ABH.
What happened in Chan Fook (1994)?
Defendant struck victim several times while accusing him of taking his partners engagement ring. The defendant locked him upstairs and threatened further violence if the ring was not returned, victim attempted to escape window but fell. The defendant was charged with assault occasioning ABH.
The case was quashed– injury had to be more than mere emotions .
What happened in Smith (2006)?
Defendants ex-girlfriend went to his house and woke him up. The defendant pushed her onto the bed, sat on her and cut off her hair cutting of hair did amount to actual bodily harm.
What happened in Roberts(1971)?
Defendant made advances at women who jumped out of moving car as a result.She suffered concussion and cuts and bruises and was convicted of assault occasioning ABH.
What happened in JCC V Eisenhower(1983)?
Defendant shot an air gun at a group hitting victim in the face,rupturing internal blood vessels near eye.If wound is internal, there must be a cut as as wound is continuous breaking of of both layers of skin.
What happened in Burstow(1997)?
Defendant was broken up with and harassed his ex for eight months. He made silent/abusive calls, sent hate mail and stalked her. This caused the victim suffered severe depression.It had only be shown that defendants actions have led to suffering of GBH.
What happened in Bollom(2004)?
17 month old baby has bruising on its body resulting in a charge of section 47 – injuries occurred over time.
Victims, age and health were relevant when deciding on seriousness of GBH .
What happened in Savage (1991)?
Defendant threw pint of beer over victim.Glass slipped and cut victim causing wounding -intended or foreseeable
What happened in Dica (2004)?
Defendant was knowingly, HIV, positive and infected to women was having unprotected sex. He was convicted of section 20 GBH.
What happened in Parmenter (1991)?
Defendant roughly handled his baby son, causing four counts of GBH. It doesn’t have to be established. The defendant intended or was reckless causing harm for GBH.
What happened in Morrison (1989)?
The police attempted to arrest defendant, he died through the window, dragging officer with him and badly cutting his face.
He as guilty of s18 GBH.
What happened in Belfon?
Defendant slashed victim with razor causing wounds. It was essential here to prove specific intent as recklessness is insufficient.
