Submitted by: Submitted by shezaadr
Views: 10
Words: 2913
Pages: 12
Category: Other Topics
Date Submitted: 07/09/2015 09:58 PM
ISSUES
1. Dan deliberately accelerates and drives his car towards the man who hastily moves out of the way D is Dan - V is Man crossing the road. Offence = Assault
2. Jim then slips on one of the fish, falls awkwardly and dislocates his wrist. D is Dan - V is Jim. Offence = Battery
3. Dan smashes a nearby window. Dan is D - V is the Zoo. Offence = Criminal damage
4. Dan hits a small child on the side of the head and fractures the child’s skull. D is Dan - V is Child. Offence = Assault occasioning actual bodily harm (s.20)
5. Larry fails to close the lid to the tank properly, Rosie is bitten by missing adder D is Larry (potentially zoo check) - V is Small child. Offence = s.20/s.47
6. Dan breaks penguins wing - D is Dan. Offence = criminal damage
7. Larry kicks down door of the hut D is Larry - V is the Zoo. Offence = Criminal damage s.1(1) CDA
8. Dan picks up heavy stones wanting to hit the zoo keeper. Assault.
1)
Parties:
Dan = Defendant - Pedestrian = Victim
Offence:
Assault - S.39 CJA1988 - any act which causes another person to apprehend immediate unlawful violence.
Key Facts:
Dan deliberately accelerates and drives his car towards a pedestrian who hastily moves out of the way. The man was startled but otherwise uninjured
AR:
“an assault is any act which … causes another person to apprehend immediate and unlawful personal violence”.
Any act - dans driving towards the pedestrian.
Unlawful - without defence.
Personal violence = physical threat - merest of touches [Collin].
Apprehend = understand, perceive or expect [Compact OED] - as the pedestrian moved out of the way we can assume he apprehended personal violence.
Need not be put in fear [Lamb] - it is not necessary for the V to be in put in fear.
Immediate = at some point not excluding immediate future - [Ireland] - apply to facts.
Mini Conclusion:
AR is satisfied as Dan drove directly towards the pedestrian and the pedestrian moves out of the was in fear.
MR:...