Cases- Non-fatal offences against the person

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  • Created by: BThompson
  • Created on: 07-04-16 09:05
Smith v Chief Superintendent of Woking Police Station (1983)
Looking through V's bedroom window, V was terrified and thought D was going to enter. D was outside house and no attack could be immediate. Fear that he would still do something, sufficiently immediate for purposes of offence.
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Tuberville V Savage (1669)
Placed hand on sword 'if it were not assize the time, I would not take such language from you' not assault, as what he said showed he wouldn't do anything.
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Collins V Wilcock (1984)
Two police officers saw two women 'soliciting' asked them to get into the car for question, to which they refused and walked away. Officer took hold of her arm, she became abusive and scratched him. Officer committed battery.
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Wood (Fraser) V DPP (2008)
thrown ashtray at another man in public house, ashtray missed and smashed. Officer grabbed W's arm, he struggled and tried to get away, another officer grabbed his arm, but they weren't at point of arresting him. Battery by Police officer
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Martin (1881)
Placed iron bar across door of theatre and turned lights off. Audience tried to escape in panic and many were injured. Convicted under s20 OAPA 1861.
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Fagan v Metropolitan Police Commander (1968)
D parked car on officers foot, unaware he had done this, but when asked to remove it, he refused for several minutes. Offence of battery (continuing act)
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DPP V K (1990)
15 year old boy, took sulphuric acid w/out permission, in the toilet, heard footsteps, hid it in hand drier. Another pupil was sprayed with acid, charged with assault occasioning ABH (s47) Magistrates acquitted him, prosecution appealed,indirect act.
7 of 21
DPP V Santa-Bermudez (2003)
Before searching D's pockets, asked if there was anything sharp in there, D said no, when she put hands in pocket she was cut by a needle. D's failujre to tell her, could amount to actus reus, assault causing ABH
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Constanza (1997)
Wrote 800 letters and made phone calls to V, written words can be assault if they cause V to fear immediate violence.
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DPP V Majewski (1976)
Taken drink and drugs, attacked the landlord of a pub and police officers, getting drunk is reckless course of conduct and is sufficient for mens rea of assault.
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T V DPP (2003)
D and group chased V who fell to ground and covered his head, whilst he was kicked. He lost consciousness and remeberd nothing when he woke up. D convicted of assault occasioning ABH.
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DPP V Smith (2006)
D had argument with GF, cut her ponytail off w/out her consent. Charged under s47 of OAPA 1861
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Chan Fook (1994)
ABH doesn't include mere emotions such as fear, distress or panic,
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Roberts (1971)
Made sexual advances on a girl whilst driving, tied taking her jacket off. She feared he would do more so jumped out the car which was travelling 30mph, slight injuries. Guilty of assault occasioning ABH.
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Savage (1991)
Threw beer over another woman in a pub, glass slipped and V was cut on the hand by it. Convicted of s20 offence, quashed and convicted under s 47.
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Bollom (2004)
17 month old, bruising to abdomen, both arms and left leg, D convicted of GBH , quashed and substituted to ABH.
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Dica (2004)
Infected women with HIV, causing GBH.
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Burstow (1997)
Eight month campaign of harrassment on woman, who he had brief relationship with earlier in year. Silent and abusive phone calls, hate mail and stalking. Caused V severe depression, Conviction under s20 OAPA 1861 was upheld HoL.
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Parmenter (1991)
Injured 3 month old baby by throwing it up into air and catching him. Done wit with other children and didn't know there was a risk of injury. Convicted of assault occasioning ABH s47
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Hussain and another (2010)
D's house broke into by group of armed men, d and family were threatened. Son managed to escape and told his uncle, D and the uncle chased the men and beat one of them. D and uncle both charged with assault causing GBH.
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Williams (1987)
Mistook a police officer making an arrset for an attack, ended in struggle but convictions were quashed due to it being a genuine mistake.
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Other cards in this set

Card 2

Front

Placed hand on sword 'if it were not assize the time, I would not take such language from you' not assault, as what he said showed he wouldn't do anything.

Back

Tuberville V Savage (1669)

Card 3

Front

Two police officers saw two women 'soliciting' asked them to get into the car for question, to which they refused and walked away. Officer took hold of her arm, she became abusive and scratched him. Officer committed battery.

Back

Preview of the back of card 3

Card 4

Front

thrown ashtray at another man in public house, ashtray missed and smashed. Officer grabbed W's arm, he struggled and tried to get away, another officer grabbed his arm, but they weren't at point of arresting him. Battery by Police officer

Back

Preview of the back of card 4

Card 5

Front

Placed iron bar across door of theatre and turned lights off. Audience tried to escape in panic and many were injured. Convicted under s20 OAPA 1861.

Back

Preview of the back of card 5
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