Seminar 6 - Criminal Group SW202 - Non-Fatal Offences against the Person - Kevin by Claire Turner

Link to Prezi

claire43 — 2022-11-01 09:38:40 UTC

Link to CPS Charging Standards

claire43 — 2022-11-01 09:39:54 UTC

Kevin lives in an apartment building and his upstairs neighbour, Mr Briggs, has recently taken up tap dancing. Mr Briggs often practices at 6am and Kevin has complained about the noise. One morning Kevin decides to deal with the problem. He climbs the stairs to Mr Briggs’ apartment and shouts through his letterbox “oi, if you don’t stop that I’m going to push you down the stairs!” Mr Briggs hears this but carries on with his practicing.

claire43 — 2023-10-26 15:16:31 UTC

Later, though, he decides to make a complaint to the apartment manager about Kevin. When he leaves his flat he sees Kevin on the lower balcony and suddenly decides to take off his shoe and throw it at Kevin’s head. The shoe is soft and bounces off Kevin’s head without doing any real harm.

Incensed, Kevin goes to the stairs to sit and wait for Mr Briggs to come down. As Mr Briggs runs down the stairs toward him Kevin realises that his legs are stretched out over the stairs and Mr Briggs is likely to fall over them. He decides not to move them. Mr Briggs trips over Kevin’s legs and bangs his head on the wall suffering a small bruise.

Mr Iqbal decided to have a joke with his new lodger, Bernard. From a sitting position in the front room, he pointed a legally held firearm at the front door of the house at the time Bernard was due to return home. Mr Iqbal failed to lower the firearm when Bernard did in fact walk through the door.

claire43 — 2023-10-26 15:16:47 UTC

Upon seeing the gun, Bernard quickly turned to run to safety. In doing so, he slipped and fell on the steps leading to the front door, breaking his arm.

Bernard decided to look for alternative accommodation. Whilst doing so, he had to ‘sofa-surf’ between different friends’ houses. Bernard has now been diagnosed with Post-Traumatic Stress Disorder.

Offence 1 - Defendant - Kevin - shouting through door - psychic assault

claire43 — 2025-10-28 16:22:28 UTC

Fagan - causing the victim to apprehend immediate unlawful violence

Threat - conditional (Read v Coker)

Ireland - words can amount to assault

Threat caused immediate apprehension - cause Mr B to be ~~scared~~ expectation of the application force (Lamb) even though he continued dancing - prosecution

Mr B wasn't scared as his reaction was that he continued dancing - argument

Immediacy - prosecution will argue - Smith. Violence will result within a relatively short period of time.

Defence - door as a barrier so he can't get in.

MR - Kevin intentionally wanted Mr B to apprehend immediate unlawful violence (Venna)

Offence 2 - Mr B throwing shoe - battery

claire43 — 2025-10-28 16:23:10 UTC

Definition - intentionally or recklessly inflicting unlawful personal violence

AR - throwing shoe - infliction

Indirect? He didn't hit him directly (DPP v K)

Violence - no harm - Collin v Wilcock

MR - Intention - 'suddenly decides'

Offence 3- Kevin leaving his legs out -s47

claire43 — 2025-10-28 16:23:57 UTC

s47 - Assault occasioning ABH

Assault? Battery. Direct link - occasioning - causation - operative and substantive cause (Smith)

Omission - creation of dangerous situation (Miller)

Defence - Mr Briggs fault for not taking - unreasonable/daft (Roberts)

Occasioning= causing (Roberts)

ABH - Miller - any hurt or injury etc

bruise -minor

On his head - medical treatment (CPS charging - s47)

MR - Intention as to battery - realises that he might fall.

Foresight of harm (Savage & Parmenter)

Broken arm - GBH/ABH

claire43 — 2025-10-28 16:48:20 UTC

s20 - maliciously inflicting gbh

Intentionally/recklessly inflicting gbh?

Didn't have any foresight of harm resulting from holding the gun as it was joke.

Prosecution - only need to foresee some harm might result (Mowatt)

Infliction? cause (Ireland)

GBH - really serious harm (Smith).

s47

PTSD

claire43 — 2025-10-28 16:51:40 UTC

Psychiatric illness - Ireland bodily harm can include psychiatric illness. Chan Fook

s47 - assault occasioning abh

Apprehension of application of force.

Occasioning - own circumstances may break of chain of causation. Prosecution - reason happening - more than minimal (Pagett) Smith - operating and substantial cause