Case Studies: Non Fatal Offences 1

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  • Case Studies: Non Fatal Offences 1
    • Assault
      • Logdon (1976)- Pointing an imitation gun, accused was found guilty even though there was no intention
      • St George (1840)- Pointing of a gun which may be loaded
      • Stephens v Myers (1830)- Shaking a fist at the victim
      • Mackie (1973)- Threatening physical harm
    • Apprehension
      • If the victim does not anticipate unlawful personal violence there is no assault
      • Held: no unlawful act as no assault committed as V did not believe gun would go off therefore did not apprehend immediate personal violence
      • Charged with unlawful act manslaugher
      • Two boys playing with revolver. 2 bullets in chamber but neither in barrel. Boys believed it would not fire
      • One boy pointed at the other and fired. As he pulled trigger, chamber turned and gun went off killing boy.
    • Psychiatric Injury
      • R v Ireland (1997)
        • D made silent phone calls to different women over 3 months. Convicted under s.47 Offences Against the Person Act 1861.
        • Appealed contending silence cannot amount to an assault and psychiatric injury is not bodily harm
        • Held: conviction upheld. Silence can amount to bodily harm
      • R v Burstow
        • As a result, she suffered severe depression
        • Held: Psychiatric injury could amount to bodily harm under OAPA 1861
        • Silent phone calls, abusive calls, appeared at her house, took photos of her, offensive cards to her neighbours and hate mail
        • D had relationship. She ended it and he harassed her over 8 months

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