The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child.
Held: The appeal failed. A battery could be inflicted even though the force actually used was used only indirectly. There was no difference in principle between the use of a weapon to hit the child, and causing the injury through the mother. The only difference here was as to the presence of recklessness rather than intent.
Judges:
Laws LJ, Silber J
Citations:
Times 02-Jun-2000, [2000] EWHC QB 181, [2000] COD 288, (2000) 164 JP 396, [2000] 2 Cr App Rep 339, [2000] Crim LR 758, [2000] 3 All ER 890
Links:
Statutes:
Citing:
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – Regina v Martin CCCR 1881
r_martin CCCCR
The defendant was accused of unlawful conduct in causing panic at a theatre (by turning off the lights and barring the doors) in the course of which a number of people were injured by trampling as they stampeded down a stairway. His conduct was . .
Cited – Regina v Salisbury 9-Oct-1972
Australia – Victoria The court considered the nature of the act required to found an allegation of assault: ‘It may be that the somewhat different wording of section 20 of the English Act has played a part in bringing about the existence of the two . .
Cited – Regina v Wilson (Clarence); Regina v Jenkins HL 1983
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
Cited – Scott v Shepherd 1773
Squib Thrower’s Liability through Negligence
An accusation of assault and trespass will lie where the defendant threw a squib which was then thrown about by others in self defence, but eventually exploded putting out the plaintiff’s eye. . .
Lists of cited by and citing cases may be incomplete.
Crime, Torts – Other
Updated: 19 May 2022; Ref: scu.81287
