Non Fatal Offences Against the Person
- Created by: Ruandignam
- Created on: 26-08-17 11:24
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- Non Fatal Offences against the person
- Assault
- -
Governed
by Sec 2(1) of the Act
-
Any
impact on another persons body – means the slightest touch, including solid,
liquid or gaseous form and the application of heat, light, electrical current
or noise
-
- DPP v K - (a minor) (1990)
- Boy poured acid in a hand dryer and next boy using it was injured – indirect assault - If you cause them to reasonably think they will be subjected to immediate violence – assault - R v Ireland (1998) - Silent telephone calls held to be an assault due to the harm they caused to the victim
- DPP v K - (a minor) (1990)
- -
Governed
by Sec 2(1) of the Act
-
Any
impact on another persons body – means the slightest touch, including solid,
liquid or gaseous form and the application of heat, light, electrical current
or noise
-
- Assault Causing Harm
- -
Sec
3(1) – defines harm as “harm to the body or mind”
-
MJELR v Dolny (2008)
-
- - You must prove a violent physical or verbal attack and that a harm resulted from this attack - Consent is no defence, even if situation such as S&M activity - Considers it to be a crime of strict liability
- -
Sec
3(1) – defines harm as “harm to the body or mind”
-
MJELR v Dolny (2008)
-
- Assault causing serious harm
- - This
offence replaced the old offence of assault causing grievous bodily harm
- Sec 1
– defined as an injury which causes a substantial risk of death or which causes
serious disfigurement or substantial loss or impairment of the mobility of the
body or function of an organ
- People (DPP) v Kirwan (2005) - Doesn’t matter if the injury is non-permanent
- - This
offence replaced the old offence of assault causing grievous bodily harm
- Sec 1
– defined as an injury which causes a substantial risk of death or which causes
serious disfigurement or substantial loss or impairment of the mobility of the
body or function of an organ
- Threats to Kill Or Cause Serious injury
- - Sec 5(1) – Makes a threat, intending the other person to believe it will be carried out, to kill or cause serious harm - Does not have to be proved that they intended to execute the threat, just that they intended the other person to believe it
- Governed by the Non Fatal Offences against the person act 1997
- Assault
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