Law-Exchange.co.uk Shared Resource

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Law-Exchange.co.uk Shared Resource

  1. 1. Thomas1985School caretaker rubbed hem of girl’s skirt. Touching clothes equivalent to touching personLatimer 1886D intentionally hit A with his belt, but belt rebounded and accidentally hit B. D had mens rea for attack on A, can be transferred to act upon B. Only where similar offence<br />Collins and Wilcox 1984Police officer grabbed arm of prostitute to detain but not arrest-unlawful forceTuberville V Savage 1669Put hand on sword and said if it were not assize time I would not take such language<br />Ireland 1997Silent phone calls and heavy breathing can be assault-not sure what D will do nextBurstow 1997Campaign of harassment on ex girlfriend, included distribute threatening cards, photos, abusive and silent phone calls<br />Venna 1976Mens rea for Battery is Intention to or be reckless as to cause physical contact but not necessary to intend harmSmith V Chief Superintendent of Woking police stationWomen in nightie, saw man outside of her window at night.Scared what would do next Constanza 1997D sent V 812 letters and made phone calls. Words can be an assault-cause fearHaystead V Chief Constable of DerbyshireD punched a woman causing V to drop the baby. Woman was used as a weapon for battery of baby<br />R V RobertsMan went to remove girls coat, she feared violence, jumped out of car, D responsible for V injuryR V WilsonD branded initials AW on his wife’s bum at her request. Consensual activity between husband and wife is not a criminal matter<br />Miller 1954AOABH is any hurt or injury designed to interfere with the health or comfort of the victim provided it is more than transient or triflingChan FookV locked in a room and interrogated on suspicion of stealing an engagement ring. ABH can be psychiatric, need medical proof<br />Parmenter 1992D played with his son so roughly caused him injurySavage 1992Wife saw husbands girlfriend in pub, threw beer in her face, let go of glass cut V hand.<br />DPP V SmithD forced down head of former girlfriend and chopped of her pony tail. Actual bodily harm can include hair, cutting or putting things in itR V Mowatt 1976Mens rea for S20 is intention to or reckless as to cause some harm to V.D only needs to foresee some harm may occur not the actual harm that occurs<br />DPP V A 200013 yr old boy mistakenly shot friend in eye when meaning to aim below knee. Confirms MowattR V Dica 2004Man infected with HIV had unprotected sex with 3 women without telling them of infection<br />Santana- Bermudez 2004V a police officer asked D if he had any thing dangerous in his pocket before carrying out a search. D failed to tell her had a hypodermic needle in his pocket, injured during search. Battery can be committed by an omission DPP V K 1990Boy hid sulphuric acid in hand dryer in school toilets. Another boy used dryer, sprayed with acid, scars. Battery can be committed indirectly<br />Martin 1881Accused placed an iron bar across fire exit in theatre, turned of lights and shouted fire, several people injured in crush= Battery by indirect actLamb 1967Two friends playing with revolver, one aimed it at other and fired, shot other dead. No assault as other man was not scared, thought gun barrel empty did not realise barrel turned<br />Brown 1993Sadomaschists consenting to sexual activity which caused injury to themselves. Held to be against public interest and consent not allowedVenna 1976Mens rea for Battery is Intention to or be reckless as to cause physical contact but not necessary to intend harm<br />JCC V Eisenhower 1984Victim hit in eye from pellet gun, caused rupture of blood vessels. Not wounding as both layers of skin must be broken. Blood lossR V Bollom 200417 month old baby suffered extensive bruising and abrasions. Treated as GBH. Take into account age, sex, frailty of victim when deciding if injuries are GBH<br />

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