The defendant in that case was convicted of unlawfully and maliciously inflicting grievous bodily harm upon two victims in particular. 47. 72. WebSituation created by the defendant. The defendant had written 800 letters and made a number of phone calls to the victim. In the third, the victim was a neighbour, Sharon Maycock. WebTo punch a woman carrying a child, causing her to drop the child with the consequence of the child hitting head on the ground is to commit a DIRECT act against the child for battery (Haystead v Chief Constable of Derbyshire) Scott v Shepherd (1773) (squib thrown in market direct) The Court on appeal upheld the conviction. They include the case of R -v- Martin (1888) 8QBD 54, a case decided by the Court of Crown Cases Reserved presided over by the Lord Chief Justice, Lord Coleridge. In 1965, the force had an establishment of 852 and an actual strength of 775. What proportion of homes heating with gas had a gas bill between $497\$ 497$497 and $537\$ 537$537 ? Citation. 75. 5. 71. MR KING: This has focused attention on the precise meaning of the word "battery". In fact the appellant faced three charges of assault by beating. Click here to remove this judgment from your profile. He declined to give evidence and was convicted of the second charge against the child having, as I have made clear, pleaded guilty to the other two charges. The Magistrates concluded in this case that it was proved that the appellant had been reckless, and there is no challenge to that finding. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim. MR HEAD: Yes. Found Haystead v Chief Constable of Derbyshire useful? The appellant made a submission of no case to answer which the magistrates rejected. He wanted to test the reaction of the acid with toilet paper, but then he heard footsteps outside. 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. 30. The next table gives the probability distribution for xxx, the number of "apps" used at least once a week by cell phone owners who have downloaded an "app" to their phone. 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. I should add, perhaps it is plain already, that in putting forward the question in that way the Magistrates were not, as I understand it, proposing that this Court should examine their finding as to recklessness. 45. LORD JUSTICE LAWS: This is an appeal by way of Case Stated against the appellant's conviction His submission was that the case can be explained upon the basis that the Appellant was rightly convicted of inflicting grievous bodily harm without, however, having committed an assault; that is to say a battery (compare Lord Roskill's reasoning in Wilson). LORD JUSTICE LAWS: You may have taxation. LORD JUSTICE LAWS: We will certify in those terms, but refuse leave. We do not provide advice. (ii) Did the facts disclose a battery properly so called? 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 A man punched a woman twice in the face while she was holding her child in her arms. MR HEAD: Tying into the facts of this case. WebAnswers. MR M MAGEE (instructed by Stevens Solicitors, Suffolk CB9 8AD) appeared on behalf of the Applicant. The Magistrates summarised it in this way in paragraph 3 of the case: 9. 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. 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. Haystead v Chief Constable of Derbyshire Friday, 12th May 2000 1. Whether reckless battery requires the direct physical application of force on the victim. 19. 82. 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. 23. A v United Kingdom (Human Rights: Punishment of Child) (BAILII: Attorney General for Hong Kong v Yip Kai Foon (Hong Kong) (BAILII: Attorney General for Jersey v Holley (BAILII: Attorney General for Northern Ireland v Gallagher (BAILII: Attorney General's Reference (No 1 of 1975) (BAILII: Attorney General's Reference (No 2 of 1983) (BAILII: Attorney General's Reference (No 2 of 1999) (BAILII: Attorney General's Reference (No 6 of 1980) (BAILII: Bateman (1925) 19 Cr App R 8; [1925] All ER Rep 45; 28 Cox CC 33 (CA). 62. 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. LORD JUSTICE LAWS: We both feel that the phrase "direct physical contact" ought to appear somewhere. Committee. Get 1 point on adding a valid citation to this judgment. -two pellets hit a 7 year old girl swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. It is common ground that recklessness may suffice as the mens rea for battery, at least where there is actual foresight by the defendant of the risk of harm to the potential victim of the kind which, in the event, the victim suffered (See Cunningham [1957] 2 QB 396). 53. We will come back at 12.10 p.m. and consider that form of words. 1. After the police officer pointed this out fagan refused to move the car for a brief period of time after the police officer had asked several times. 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. -case also confirmed that Cunningham recklessness is required for offences against the person, -also established that either intention or recklessness would suffice for these types of offences, -intention - 'a decision to bring aboutthe commission of the offence, no matter whether the accused desired that consequence of his act or not', -D fired shots with an air pistol from his flat His conduct was . 16. The defendant had hit a mother in the face as she held the child. 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By using The practice varies from authority to authority and from county to county. The police received a report that a man (Fraser) had been disruptive in a public house and thrown an ash tray at another person, this had missed the person but caused the ash tray to smash, police officers attended the scene and saw a man who fit 'frasers' description, one of the police officers took hold of his arm and asked if he was Fraser, the man denied this and struggled trying to pull away in which the other officer took hold of his other arm. Calls for service in the rural areas usually increase during summer as the population is boosted by approximately twenty million visitors each year to the Peak District and its surrounds. My Lord, the first is I have a legal aid certificate. 44. This ruling can be criticised as the point at which the drink or drugs is taken is a quite separate time to the point when the actus reus for the offence is committed. MR HEAD: Exactly. * Leave to appeal to the House of Lords refused. He was charged with an offence of assault on the baby and liable for battery on W. In this case the doctrine of transferred intent has not been applied. 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 man was convicted of an offence of assault by beating of the child. I have already said there is no challenge to that. Privacy Policy. England and Wales High Court (Queen's Bench Division). He appealed against a conviction for beating the child. I would answer the question posed by the Magistrates in the affirmative. The Police Roll of Honour Trust and Police Memorial Trust list and commemorate all British police officers killed in the line of duty. Cookie Notice Although the charge referred to section 39, in truth, common assault by beating remains a common law offence. . 67. The man was charged with assaulting two police officers while they were acting in execution of their duty. 31. LORD JUSTICE LAWS: Is this question agreed by both counsel? The basis of the submission of no case was essentially the same as the basis of the Appellant's appeal to this court. 49. Administrator. Members. The first boy was charged with an assault causing actual bodily harm contrary to section 47. That would be a large hill to climb, although he rightly pointed out that no counsel appeared on either side of the case. The case is concerned entirely with the proper meaning of "battery" within the context here of a common assault by beating. Charles previously served as Vice Chair of the Derbyshire Police Authority. (2)Wilsonv Pringle(1987). Before making any decision, you must read the full case report and take professional advice as appropriate. Although most batteries are commonly directly inflicted upon a victims body, it is not an essential requirement that the violence and harm ought to be so directly inflicted to a victims body for the purposes of a charge of battery and assault under s 39 of the Criminal Justice Act 1988. Derbyshire Constabulary is the territorial police force responsible for policing the county of Derbyshire, England. ID Card. 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 The facts of that case concern what may be called nuisance 'phone calls made to three women. WebJOHN ANDREW HAYSTEAD V CHIEF CONSTABLE OF DERBYSHIRE (2000) | Lccsa. 64. Show that the properties of a probability distribution for a discrete random variable are satisfied. Lord Roskill at 259E referred to the decision of the Supreme Court of Victoria in R -v- Salisbury [1976] VR 452 and cited a passage from that decision at 259G in the House of Lords report as follows: 26. There was no difference in principle between the use of a weapon to hit the child, and causing the injury through the mother. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 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. The question for this Court is put in this way: 15. Battery does not require direct application of force on the victim either through physical contact or a medium, The medium can be a person other than the victim, D punched a woman who was holding her baby, this caused the woman to drop the baby onto the floor, D was convicted of an offence of battery on the baby, D appealed on the basis that battery requires a direct application of force which involved direct physical contact with the victim or through a medium controlled by D such as a weapon, As a general point, battery did not require the direct application of force, In this case the application of force was through the mother as a medium, the mother dropped the baby as result of Ds punch, No distinction could be drawn between using the mother or a weapon as the relevant medium save that the latter involved intention and the former recklessness. 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 . The force has an authorised establishment of 1,827 police officers,[6] 350 special constables and 104 Police Community Support Officers (PCSOs)[7]. Lists of cited by and citing cases may be incomplete.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_3',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); IMPORTANT:This site reports and summarizes cases. The defendant touched the bottom of a woman's skirt and rubbed it. 43. LORD JUSTICE LAWS: That leave out the weapon example though, does it not? The Constabulary is led by the chief constable assisted by a Deputy and two assistant chief constables. Through the OpenLaw Project BAILII seeks, with the assistance of law lecturers, to identify cases from the past and to make these freely and openly available on the internet to support legal education. LORD JUSTICE LAWS: I think that is right. MR HEAD: I am grateful. WebHaystead v Chief Constable Of Derbyshire (2000) High Court Queen's Bench Division. Indeed I have not put in the words deliberately or recklessly. Looking for a flexible role? 74. 68. 70. Held: The appeal failed. 61. LORD JUSTICE LAWS: If he was prosecuted for assault occasioning actual bodily harm, exactly the same points of law would arise, just as it is a more serious offence than common assault. WebHaystead v CC Derbyshire [2000] 3 All E.R. The reason is that even if one takes Mr Head's submission as to the meaning of battery to be correct, and it may well be too narrow, the test is made out on the facts of this case. Cited Scott v Shepherd 1773 Squib Throwers Liability through NegligenceAn 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 plaintiffs eye. The decision can be viewed as a public policy decision. 890 by Lawprof Team Key points Battery does not require direct application of force on the victim either through physical contact or a WebIn DPP v Taylor, DPP v Little, [6] it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. Enhance your digital presence and reach by creating a Casemine profile. Cited Regina v Martin CCCR 1881 r_martin CCCCRThe 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. 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.". Officers. Give an interval that will contain the value of xxx with a probability of at least .75.75.75. 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. 56. LORD JUSTICE LAWS: It would say: "Whether the actus reus of the offence of battery requires that there be direct physical contact between defendant and complainant (whether by the body or by a medium controlled by the defendant such as a weapon).".
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