Criminal Assignment

2127 words - 9 pages

Criminal Assignment

Dick should be advised that he could be liable for Indecent Assault. Although no force was used against the boy, creating fear is sufficient and the boy may have been frightened of Dick. However, Dick will be strictly liable under the Indecency with Children Act 1960. By s.1 of this statute "any person who commits an act of gross indecency with or towards a child under the age of fourteen, or who incites a child under that age to such an act with him or another, shall be liable". Dick could not argue consent because under this act the boy is too young. Speck (1977) 2 ALL ER 859. There is no requirement that the victim, for example, accepts the accused's invitation to handle his penis. The offence is committed even when the child does nothing. The offence is one of strict liability as to the age of the victim B v DPP (1998) 4 ALL ER 465 (DC).

Dick may also be liable under s.47 of the Offences Against the Person Act 1861 for Actual Bodily Harm and Battery. Dick has demonstrated an unlawful display of force against Jasmin which caused her to apprehend immediate and unlawful violence (the requirement for actual bodily harm) with the consequence of a broken nose. In Miller (1954) 2 QB 282 it was defined as, any hurt or injury likely to interfere with the health or comfort of the victim (the hurt or injury need not be permanent or serious but must be more than trifling). Dick did not have Jasmin's permission to touch her, which is an element of battery. Battery can be defined as "any intentional touching without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive" per Lord Lane CJ in Faulkner v Talbot (1981) 1 WLR 1528. When Dick Punched Jasmin to the floor, his actions were reckless, he may argue that he never intended to break Jasmin,s nose but based on the case of R v Roberts (1978) Crim LR this would be an unsuccessful argument. In this case the defendant gave a lift in his car to a girl. During the journey he made unwanted sexual advances, touching the girl's clothes. Frightened that he was going to rape her, she jumped out of the moving car, injuring herself. This act had caused her to suffer actual bodily harm. The defendant argued that he lacked the Mens Rea of the offence, because he had neither intended to cause her actual bodily harm, nor seen any risk of her suffering actual bodily harm as a result of his advances. This argument was rejected, the court held that the mens rea for battery was sufficient in itself, and there was no need for any extra mens rea regarding the actual bodily harm. This point was confirmed in Savage and Parmenter (1991) 1 AC 699. The only defence available to Dick would be self -defence and the prevention of crime - "reasonable force". It is a question for the jury, would a reasonable man have used the same...

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