He wanted to test the reaction of the acid with toilet paper, but then he heard footsteps outside. The fundamental principle established in Salomon in relation to single companies was applied in the context of a group of companies by the Court of Appeal in the case under discussion in this paper, Adams v Cape Industries plc (1990). Statutory interpretation is process of interpreting statutes by the judges. Looking for a flexible role? 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 890if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_7',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); 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. The court of appeal held this to be assault as there was a "fear of violence at some time, not excluding the immediate future", The defendant pointed an unloaded gun at another individual however this was not considered assault as the individual knew the gun was unloaded and therefore there could not be a fear of immediate unlawful force. MR HEAD: We know what the facts of this case are and it is a good example of the problem. The defendant said that in battery it was necessary to have directed the assault against the child directly since the wording of the offence was an act by which a person intentionally or recklessly applies unlawful force to the complainant., The appeal was dismissed since battery can be applied through a medium of a weapon and given that the mothers dropping the baby was akin to that. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. MR KING: My Lord, in general, no. WebHaystead v CC Derbyshire [2000] 3 All E.R. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The appellant made a submission of no case to answer which the magistrates rejected. change. 82. The defendant in that case was convicted of unlawfully and maliciously inflicting grievous bodily harm upon two victims in particular. v WebThe chief officers of the force formerly worked in partnership with the 17 publicly elected representatives on the Derbyshire Police Authority, which shared responsibility for budgets and policy, and was intended to ensure that the public of Derbyshire had a voice in the policing of their county. WebHaystead v Chief constable of Derbyshire [2000] 3 All ER 890: Assault and battery Cases: Ireland and Burstow [1997] 3 WLR 534: Assault and battery Cases: DPP v Little [1992] 95 WebCase summaries Offer and acceptance Intention to create legal relations Consideration Promissory estoppel Contents of a contract Contractual term or representation Conditions, warranties and innominate terms Terms implied by common law Statutory implied terms Unfair terms - regulation by common law Unfair Terms - Regulation by statute Here the movement of Miss Wright whereby she lost hold of the child was entirely and immediately the result of the appellant's action in punching her. The man was convicted of an offence of assault by beating of the child. The 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 basis of the submission of no case was essentially the same as the basis of the Appellant's appeal to this court. The mens rea of battery is the intentionally or recklessly apply unlawful force without consent. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. 45. In the second, the victim was her 12 month old son, Matthew, as I understand it by a different father; and it is the appellant's conviction on that second charge that forms the subject of this appeal. MR JUSTICE SILBER: I think the second part is merely an example of the problem. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. This article prohibits torture and inhuman or degrading treatment of punishment In 1965, the force had an establishment of 852 and an actual strength of 775. Free resources to assist you with your legal studies! This is a case whose context was a school chemistry class. 10. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 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. Click here to remove this judgment from your profile. In Derbyshire I know, particularly following the Crown Prosecution Service's current guidelines -- frequently cases of this nature are prosecuted in the form this court has heard, rather than what might be thought to be more appropriate which is a case of actual bodily harm. Judgement for the case Haystead v Chief constable of Derbyshire The defendant punched a woman holding a child, causing her to drop the child and thereby cause it damage. The Force Headquarters, near Ripley and close to the A38 road, is Butterley Hall, former residence of Benjamin Outram and once owned by the Butterley Company. 79. 21 Ex: Scott v. Shepherd. A direct application of force could be applied through a medium that is controlled through the actions of a person and does not require a direct infliction of physical contact with the victims body. 39. MR K.S. The Court on appeal upheld the conviction. Mr Head's submission is that here too it is implicit in the reasoning set out in the speech that battery involves the direct application of force. Section 4 POA or common assualt? : r/policeuk - Reddit The victim may fear tat the purpose of these phonecalls was to find out if the victim was home and the caller was to go to her home after the phonecall. It is difficult to see how there is coincidence of the two. One boy went to the lavatory to wash some acid off his hand. MR HEAD: My Lord, two other matters. Gas escaped. I am told by my learned friend that the circumstances are not as rare as one would hope them to be and that this method of charging is widespread, so it is apparently a matter of some widespread public importance. The Case Stated shows that upon the way to doing so, they considered two questions: (i) was it shown that the Appellant was reckless in relation to the injury to the child? MR HEAD: Exactly. 63. 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 and our 3. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. MR JUSTICE SILBER: You could put in brackets "whether by his body or through a medium such as a weapon". 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. 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". MR HEAD: I am grateful. The chief officers of the force formerly worked in partnership with the 17 publicly elected representatives on the Derbyshire Police Authority, which shared responsibility for budgets and policy, and was intended to ensure that the public of Derbyshire had a voice in the policing of their county. What proportion of homes heating with gas had a gas bill between $497\$ 497$497 and $537\$ 537$537 ? Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . WebHaystead v DPP [2000] 3 All ER 690. -common assault is defined as 'any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence', -later definition is 'an act which causes another person to apprehend the infliction of immediate unlawful force on his person', Haystead v Chief Constable of Derbyshire (2000), Smith v Chief Superintendent, Woking Police Station (1983), -D had frightened a woman by looking through the window of her ground floor room at 11pm, -D had written the victim 800 letters and had made a number of phone calls, -overruled in Ireland (1997) saying that - the proposition that words could never amount to an assault was both unrealistic and indefensible, -D placed one hand on his sword and said "If it were not assize time, I would not take such language from you", -accused was holding a shovel over his wife's head and at the same time stated "Were it not for the bloody policeman outside, I would split your head open", -defined the mens rea as an intention to cause the victim to apprehend immediate and unlawful violence, or recklessness whether such apprehension be caused [5] Each division is headed by a chief superintendent - the divisional commander - and each division is divided into Sections, which are led by an inspector. 52. Get 1 point on adding a valid citation to this judgment. 30. I will re-draft that and lodge it. In-house law team. He took with him, very foolishly, a boiling tube of concentrated acid. The appellant applied for an extension of time within which to file the case, to which the respondent prosecutor consented. Mr Head for the appellant submits that there is a mismatch between the opening words of that paragraph "reporting respondent's concession" and the last sentence. MR KING: This has focused attention on the precise meaning of the word "battery". 13. In the first the alleged victim was Angela Wright, a young woman with whom he had been involved in a sexual relationship. The case is concerned entirely with the proper meaning of "battery" within the context here of a common assault by beating. This website uses cookies to ensure you get the best experience on our website. *You can also browse our support articles here >. Proposals were made by the Home Secretary on 20 March 2006 to integrate groups of police forces in England and Wales into 'strategic' forces, which he saw as being more 'fit for purpose' in terms of combating terrorism and organised crime. Battery (crime MR JUSTICE SILBER: I think it should be deleted. 47. In other areas it varies. The cases in question are referred to.
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