Non Fatal Offences Against the Person

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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 
    • 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
    • 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
    • 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


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