Oapa and Consent Essay

1855 WordsApr 19, 20138 Pages
Thirteen year-old Tom had recently been playing football and kicked his ball over a fence into his neighbour’s garden. Tom’s neighbour was a cantankerous 70 year-old called Stan who confiscated the ball when he saw it land on his pristine lawn. As a result of this incident Tom decided to play a practical joke on Stan by posting letters through Stan’s letterbox each day on his way to school. Inside the letters were the words: ‘You’ll pay for what you have done old man.’ As a result of receiving these letters every day for a month Stan became scared to leave his house and was diagnosed by his doctor as suffering from depression. To celebrate the success of his ‘joke’ on Stan, Tom decided to get a tattoo of the words ‘I’m the man’ on his…show more content…
It has to be more than trifling. It was confirmed in Chan Fook [1994] that it includes psychological injury which amounts to a recognised clinical condition and there must be medical evidence to support it. Mere distress or emotion would not be sufficient. Stan was more than merely depressed. He was suffering from depression which is a recognised clinical condition and he would have medical evidence of this so ABH is satisfied. The word occasioning simply means caused – the case of Roberts (1971) denotes that the injury must be reasonably foreseeable on the facts. This is an objective test and is satisfied. It is reasonably foreseeable that someone would suffer ABH in the form of psychological injury if they were sent threatening letters over a period of time. The ABH must be caused by an assault. Here the assault would be a technical assault. A technical assault was defined in Fagan [1968] as an act by which the defendant intentionally or recklessly causes another person to apprehend the application to his body of immediate, unlawful force. The AR is to cause the victim to apprehend the immediate application of unlawful force. It is the apprehension that has to be immediate not the force. Fear of imminent force has been held to be sufficient i.e. fear of force in the near future as in Smith (1983), Ireland and Constanza and this can be satisfied

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