Crime

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:...