FT206- Criminal - Seminar 6 - Non-Fatals - Kevin by Claire Turner

Link to Prezi

claire43 — 2022-11-01 12:31:29 UTC

Link to CPS Charging Standards

claire43 — 2022-11-01 12:31:49 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 15:16:26 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 15:16:57 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 - Psychic assault - defendant Kevin - shouting through the letter box

claire43 — 2025-10-28 14:34:25 UTC

AR - causes victim apprehend immediate unlawful violence. (Fagan)

Apprehension - Kevin shouted - Mr Briggs.

Words alone constitute an assault (Ireland)

Conditional threat - (Read v Coker)

Defence - on the other side of the door, no apprehension (expectation of the application of force - Lamb) as he continues to tap.

Immediacy - prosecution - sufficiently immediate as he is on the otherside of the door (Smith)

MR - (Venna) Intended or was reckless as to causing Mr B to apprehend application of force.

Offence 2 - Battery - taking off the shoe and throwing at Kevin's head - Defendant Mr Briggs

claire43 — 2025-10-28 14:35:07 UTC

Battery - definition - Collins v Wilcock

Harm isn't necessary

MR - intention or recklessness to cause the battery.

Force applied indirectly - causation (DPP v K)

Offence 3 - ABH - Kevin defendant - leaving legs out.

claire43 — 2025-10-28 14:35:54 UTC

s47 - assault occasioning abh

Assault? - omission -

P- argue - creation dangerous situation (Miller)

Occasioning - causing - Roberts

ABH? - potentially - small bruise - Miller - interfere health or comfort of victim.

Defence - action of victim - 'daft' 'unreasonable'

'Conduct generally acceptable in everyday life' - Collin v Wilcock.