Ireland & Burstow 1997:

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  • Created by: 10dhall
  • Created on: 15-06-17 15:19
What happened in Ireland?
The defendant harassed 3 woman in 3 months giving them silent phone-calls which mainly happened at night time with heavy breathing, was convicted of s47 ABH & s20 GBH in the Crown Court
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What was he convicted of?
S47 ABH and s20 GBH in the Crown Court
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What happened on appeal?
He appealed to the COA and was rejected. The COA asked the question to the HOL whether silent phone-calls adds to a conviction of assault
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What happened in Burstow?
The defendant's girlfriend broke it off with him and he took it badly. Abusive and silent phone-calls, abusive cards, taking photos of the V and her family, showing up at her place of work / her home which caused her to develop mental illness
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What was he convicted of?
S47 ABH and s20 GBH in the Crown Court
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What happened on appeal?
He appealed to the COA who dismissed it and said that a s20 conviction can still be implied without any physical violence
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Precedent?
Was dealt with by the HOL which sets a binding precedent on themselves through the practice statement 1966 and lower courts
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What did the HOL state?
Lord Steyn stated: 1) Using a phone is different face-to-face 2) D remained silent with no threats 3) Causing a victim to suffer mental illness form a basis for prosecution?
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Why is this case important?
Because it develops the law and makes it clear that neuroses can amount to ABH and GBH because it is a recognised illness depending on the severity
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What did the court consider?
Whether 'cause' 'inflict' should have different meanings, original draughtsmen said not significantly. Also, inflict meant that must be direct force which follows Wilson (rare, but GBH can occur without ABH)
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Another reason why this is important?
Shows that the judges extended the law by including the fact that GBH can be committed without ABH
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What case contradicts this?
Clarence 1888
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What cases can this be linked with?
Chan Fook, Wilson and Clarence
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Other cards in this set

Card 2

Front

What was he convicted of?

Back

S47 ABH and s20 GBH in the Crown Court

Card 3

Front

What happened on appeal?

Back

Preview of the front of card 3

Card 4

Front

What happened in Burstow?

Back

Preview of the front of card 4

Card 5

Front

What was he convicted of?

Back

Preview of the front of card 5
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