Case Studies: Non Fatal Offences 1
- Created by: Alex.Byrne
- Created on: 26-05-18 18:09
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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
- R v Ireland (1997)
- Assault
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