FT210-a Criminal - Seminar 6 - Non-Fatals - Kevin by Claire Turner

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 15:16:20 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 15:17:01 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.

Link to prezi

claire43 — 2023-10-31 09:07:03 UTC

Link to CPS Charging Standards

claire43 — 2024-10-24 13:57:19 UTC

Offence 1 - shouting through the letterbox - defendant - Kevin - assault

claire43 — 2025-10-29 11:31:29 UTC

Definition - causing the victim to apprehend immediate unlawful force (Fagan)

Apprehension - expectation of the application of force (Lamb) Doesn't have to be certain (Ireland)

Prosecution - words alone constitute apprehension? (Ireland)

Conditional threat - Read v Coker

As he is in the same building, as soon as he steps out of his door, the threat exists, so it is reasonable to expect the application of force.

Defence - victim carried on tap dancing so no expectation of violence.

Immediacy - sufficiently immediate - Horseferry - within a relatively short period of time, Ireland - imminent

Mens rea - intended or was reckless as to causing Mr B to apprehend application of force (Venna)

Offence 2 - throwing the shoe - defendant - Mr B - battery

claire43 — 2025-10-29 11:32:19 UTC

Definition - actual infliction of unlawful force (Collins v Wilcock)

Indirect - still casual link (DPP v K)

MR - Venna - Intention or subjectively reckless as to applying force.

Offence 3 - leaving legs out - defendant Kevin - abh - s47

claire43 — 2025-10-29 11:33:10 UTC

Definition - assault occasioning abh

Assault? Battery - definition

Application of force? Omission - Duty - Miller - creation of a dangerous situation.

Mens rea - intention, reckless - as the scenario states that Kevin realises that Mr B is likely to fall over his legs.

Causation - Roberts - Mr - daft or unreasonable

Hitting head - ABH? - bruise - Miller - any hurt or injury ...

CPS - as it is on the head will need medical treatment.