FT205 - Criminal Seminar 6 - Kevin Non-Fatals by Claire Turner

Link to Prezi

claire43 — 2025-10-28 08:56:26 UTC

Link to CPS Charging Standards

claire43 — 2025-10-28 08:56:32 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 — 2025-10-28 08:56:42 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 — 2025-10-28 08:56:48 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 - threatened by shouting through the door - defendant - Kevin - assault

claire43 — 2025-10-29 12:30:05 UTC

Definition - apprehension of immediate unlawful violence (Fagan)

Apprehension - expectation of the application of force (Lamb)

Words alone - Ireland

Conditional threat (Read v Coker)

Immediacy - relatively short period of time (Horseferry Road)

Prosecution - shouting, climbed stairs, in same apartment. Immediacy - outside the door. As soon as he goes out of the door, the threat exists.

Defence - Kevin behind door. Thinks he is safe. Carried on tap dancing. Indicate there was no apprehension of the application of force. As he has complained before, Mr B still continues to tap dance - no apprehension.

Mens rea - Didn''t intend him to apprehend force. Reckless.

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

claire43 — 2025-10-29 12:30:27 UTC

Battery - application of unlawful force (Collins v Wilcock)

Thrown shoe. Indirect? Still force applied (DPP v K)

MR - Direct intention (Mohan) - aim or purpose to hit him., reckless

Offence 3 - legs stretched out - Kevin defendant - battery/s47

claire43 — 2025-10-29 12:30:57 UTC

Assault occasioning ABH

Assault? Battery

Omission - created a dangerous situation(Miller)

Causation - Defence - Mr B actions break the chain? Roberts - unforeseen or 'daft'

Prosecution - knew he was going to fall over and didn't move out of the way.

MR - Not intended force to be applied, but reckless - 'Kevin realises that his legs are stretched out over the stairs and Mr Briggs is likely to fall over them'

Occasioning - causing (Roberts)

ABH - Miller - any hurt injury calculated to interfere with health or comfort of the victim.

CPS - medical treatment. Donovan - bruise sufficient to be ABH.

Foresee the abh? No (Savage & Parmenter)