Unit 4 L1 OAP cases - Lecture notes 1 PDF

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In depth analysis and explanation of relevant case law. , In depth analysis and explanation of relevant case law. , In depth analysis and explanation of relevant case law. ...

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Criminal Law

Unit 4

OAP cases

Collins v Wilcock 1984 ‘an assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person’. ‘the merest touch’. Read v Coker 1853 Rolling up his sleeves and making a verbal comment is enough to constitute an act Fagan v Met Police Commissioner 1968 Continuing act, so was enough to be an act. Logdon v DPP 1976 Showing of a replica gun was enough to be an act. Tuberville v Savage 1669 Made a threat but accompanied with words that contradicted the fact he was going to stab the person. Meade and Belt 1823 ‘no words or singing are equivalent to an assault’ Constanza 1997 Wrote threatening words, was enough to be an act. Ireland and Burstow 1998 Silent phone calls. This caused apprehension and could therefore be an act. It is not enough that the fear is immediate but that the fear of violence is immediate. Lamb 1967 Playing Russian roulette with a revolver. Both thought chamber was empty but it wasn’t so apprehension wasn’t caused. Therefore there was no common assault. Light 1857 Said something that contradicted the act. Not enough apprehension caused so no assault.

DPP v Ramos 2000 It is the state of the mind of the victim which is crucial rather than the statistical risk of violence actually occurring within a very short space of time. DPP v K 1990 Put acid in a handdryer to smuggle out of school. Indirect, but still an actual infliction. Haystead 2000 Pushed a woman that was holding a child and the child fell and injured themselves.

Criminal Law

Unit 4

OAP cases

DPP v Santa – Bermudez 2003 Patted someone down and stuck herself on a needle because the man failed to tell her it was there. This constituted an act (duty of care). Brown 1994 Sado-machoism case. Unlawful even though enjoyed. Therefore hostile. Thomas 1985 If you grab someone coat, sleeve or collar then it would be considered enough. Miller 1954 Marital rape case. ‘any hurt or injury calculated to interfere with the health and comfort of the victim. DPP v Smith 2006 Boyfriend who cuts off the girlfriend’s ponytail. Was charged with ABH.

Dhaliwal 2006 Wife had committed suicide, potentially because of domestic violence. However, she didn’t have a recognised mental injury....