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. LORD JUSTICE LAWS: I think you want to say: "Whether the actus reus of the offence of battery requires that the assailant have direct physical contact with the complainant, either through his body, such as by a punch or through a medium controlled by his actions such as by a weapon.". Oxbridge Notes is operated by Break Even LLC. The first boy was charged with an assault causing actual bodily harm contrary to section 47. MR HEAD: By the defendant upon the complainant. 63. There was a great panic in the theatre as the lights went out and there was a good deal of injury as persons ran down the steps and, no doubt, collided with the iron bar. Martin was convicted of an offence under s20 offences against a person act 1862. 73. Whether reckless battery requires the direct physical application of force on the victim. Since the introduction of the Police Reform and Social Responsibility Act 2011 the Derbyshire Police and Crime Commissioner (PCC) is now responsible for tasks that were once completed by the Police Authority. In Nottingham, for example----. The appellant's submission is summarised by Mr Head in paragraph 9 of his skeleton argument: 17. The Case Stated makes it plain that the Magistrates heard only exiguous argument on this issue. It is difficult to see how there is coincidence of the two. A consent order (I am told by the Crown Office) was submitted on 16th February 2000 but apparently has not been sealed. The victim interpreted the last two letters as clear threats. The force was again applied indirectly. The police constable jumped onto the car, but fell off and was killed by another oncoming car after S violently swerved the car. MR M MAGEE (instructed by Stevens Solicitors, Suffolk CB9 8AD) appeared on behalf of the Applicant. This list was updated on 19 Janurary 2008 in order to form links to any listed judgments/decisions that have been recently added to BAILII. Since 1828 the following officers of Derbyshire Constabulary were killed while attempting to prevent or stop a crime in progress:[14]. WebHaystead v chief Constable of Derbyshire 2000 The defendant caused a child to fall to the floor by punching the person holding the child An example of how a battery can be The facts of that case concern what may be called nuisance 'phone calls made to three women. 8. In a case such as the present, it seems to me plain that it is right that the offence of assault by beating should be available for the criminal condemnation of the defendant's conduct. . Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. He took with him, very foolishly, a boiling tube of concentrated acid. Tel: 0795 457 9992, or email david@swarb.co.uk, Wyeth-Price, Regina (on The Application of) v Guildford Borough Council: Admn 8 Dec 2020, In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999, Regina v Wilson (Clarence); Regina v Jenkins, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. Haystead v Director of Public Prosecutions: QBD 2 Jun 2000 The defendant had hit a mother in the face as she held the child. * Leave to appeal to the House of Lords refused. It is not necessary to read the subparagraphs which deal with that. There is no difference in logic or good sense between the facts of this case and one where the defendant might have used a weapon to fell the child to the floor, save only that this is a case of reckless and not intentional battery. Haystead v Chief Constable of Derbyshire Friday, 12th May 2000 1. Tesco Supermarkets Ltd v Nattrass (BAILII: Troughton v Metropolitan Police [1987] Crim LR 138, Winzar v Chief Constable of Kent; The Times; 28 March 1983. -COA quashed conviction stating that the courts have consistently held that the mens rea for offences against the person is both actual intent and recklessness, -defined as 'the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it', Fundamentals of Financial Management, Concise Edition, Service Management: Operations, Strategy, and Information Technology, David R. Anderson, Dennis J. Sweeney, James J Cochran, Jeffrey D. Camm, Thomas A. Williams. 5SAH Webinar EncroChat- Practical Steps for a Defence Lawyer what do we know so far? Deputy Chief Constable Rachel Swann appeared on BBC TV News in August 2019 sporting a ', The Justice of the Peace, February 12, 1898, Learn how and when to remove this template message, His Majesty's Inspectorate of Constabulary and Fire & Rescue Services, List of British police officers killed in the line of duty, List of law enforcement agencies in the United Kingdom, Crown Dependencies and British Overseas Territories, "Tables for 'Police workforce, England and Wales, 31 March 2013", "PEEL 2021/22 Police effectiveness, efficiency and legitimacy: An inspection of Derbyshire Constabulary", https://en.wikipedia.org/w/index.php?title=Derbyshire_Constabulary&oldid=1147542486, Articles needing additional references from October 2008, All articles needing additional references, Pages using law enforcement agency with local civilian police general nature, Articles needing additional references from July 2015, Articles to be expanded from October 2008, Creative Commons Attribution-ShareAlike License 3.0, 18761898: Lieutenant-Colonel William Addis Delacombe, 1918c.1927: Major Philip Francis Ross Anley, Parish constable William Taylor, 1828 (fatally injured arresting two men), Police constable Joseph Moss, 1879 (shot whilst dealing with a prisoner), Police constable Stevenson, 2013 (collapsed and died while on duty), This page was last edited on 31 March 2023, at 16:54. WebTHE QUEEN (on application of EDWARD BRIDGES) Claimant - and - THE CHIEF CONSTABLE OF SOUTH WALES POLICE -and- SECRETARY OF STATE FOR THE HOME DEPARTMENT -and- INFORMATION COMMISSIONER -and- SURVEILLANCE CAMERA COMMISSIONER Defendant Interested Party Interveners Since the introduction of the Police Reform and Social Responsibility Act 2011 the Derbyshire Police and Crime Commissioner (PCC) is now responsible for tasks that were once completed by the Police Authority. In November 2012, Alan Charles was elected as PCC for a four-year term. I have already said there is no challenge to that. Bratty v Attorney General of Northern Ireland (BAILII: Collins v Wilcock (1984) 79 Cr App R 229; Commissioner of Police v Caldwell (BAILII: Dip Kau v Chief Constable of Hampshire [1981] 2 All ER 430; Frankland & Anor v R. (Isle of Man) (BAILII: Gibbins & Proctor (1918) 13 Cr App R 134 (CA). * Enter a valid Journal (must It concerned events at a theatre when the defendant, intending to cause terror in the minds of persons as they left the theatre, put out the gas lights on a staircase which many of those present had to descend and also placed an iron bar across a doorway through which they had to pass in order to leave the theatre. Haystead v Chief Constable of Derbyshire (BAILII: Lawrence v Commissioner of Police of the Metropolis (BAILII: Mohan v R. (Trinidad and Tobago) (BAILII: Re A (Children) (Conjoined Twins: Medical Treatment) (No 1) (BAILII: Scott v Commissioner of Police of the Metropolis (BAILII: Steane [1947] KB 997; [1947] 1 All ER 813. LORD JUSTICE LAWS: This is an appeal by way of Case Stated against the appellant's conviction The Constabulary is led by the chief constable assisted by a Deputy and two assistant chief constables. a. However that may be, in my judgment, it is not necessary in this case to find the dividing line between cases where physical harm is inflicted by an assault and those where it is not. We were also shown the case of Commissioner of Police of the Metropolis -v- Clarence Wilson [1984] 1 AC 242. ID Card. 86. Paragraph 4 of the case records the submission of the respondent prosecutor. 30. University of London Reference this MR JUSTICE SILBER: I think the second part is merely an example of the problem. 84. Cookie Notice I will re-draft that and lodge it. I merely mention that in order to indicate that if there is any procedural defect in relation to the consent order, I would make the consent order as sought. MR HEAD: We know what the facts of this case are and it is a good example of the problem. S 39 of the Criminal Justice Act 1988 prohibits common assault and battery. We will come back at 12.10 p.m. and consider that form of words. 76. 71. In other areas it varies. LORD JUSTICE LAWS: Then you put in the alternative as well, "or whether the actus reus is satisfied in circumstances where the unlawful force is transmitted through a medium". Two police officers saw two women apparently soliciting for the purposes of prostitution. WebCriminal Law autonomous, bloof transfusion, but for, causation, cheshire 1991, consequence, criminal law, defences, defendant, drugs, eggshell, factual causation, forseeability, free, haystead v chief constable of derbyshire 2000, heroin, informed, introduction, jehovah's witness, lack of capacity, lack of mens rea, legal duty, liability, 74. Derbyshire Constabulary polices an area which ranges from remote rural locations to busy city-centre and suburban environments. Indeed I have not put in the words deliberately or recklessly. 56. MR KING: My Lord, in general, no. WebMichael v Chief Constable of South Wales , the Supreme Court maintained that previous duty situations should be the focus and that the three-stage Caparo test is only applicable in novel cases. 5. our website you agree to our privacy policy and terms. This is a case whose context was a school chemistry class. 68. 57. WebThe management board, responsible for the strategic direction of the Derby Constabulary, is chaired by the Chief Constable and comprises the Deputy Chief Constable, Assistant Chief Constables for Operational Support, Criminal Justice, Crime and Policing, and Director of Finance & Business Services. The case is concerned entirely with the proper meaning of "battery" within the context here of a common assault by beating. . With respect to him, I greatly doubt whether that is the case; but I would uphold this conviction and dismiss the appeal on the grounds I have set out.
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