Legal Case Study: Andy And Harry's Case

2064 Words9 Pages
Andy & Harry’s Case To start with, Andy was making loud and insulting remarks towards Harry which basically started all this. In reality, you have to touch someone to get charged with assault, if you put someone through some sort of fear, this is known as assault which Andy might get charged for. However, the court is going to analyse what Andy has against homosexual people as he was going against Harry and his boyfriend. An example of someone getting assaulted without getting touched is Ireland (1997) when a man kept ringing a woman’s house on a daily basis. The woman was scared, paranoid and she later became depressed. The man was prosecuted for assault as he put the woman in fear by calling her every day and not saying anything when…show more content…
There is Actus Reus and Mens Rea in this as he committed a guilty act but he also used his guilty mind to commit the crime. When Andy was shouting at Harry and his innocent boyfriend, he had the attention to shout at them to scare them therefore this is assault as he succeeded as they were in fear of. However, the Actus Reus started after the ill feeling was there. As soon as Andy started to shout at Harry, the Actus Reus was there but Mens Rea was also there as Harry and his boyfriend were in fear and they didn’t know what Andy was going to do next. On the other hand, to humiliate Harry even more, Andy threw a bottle and again there is Actus Reus and Mens Rea in this offence Andy has committed. When Andy threw the bottle, he had the intention to throw it directly and Harry (Mens Rea). However, he knew the bottle was going to break but not hurt him (Actus Reus). When the bottle broke, this caused Harry to instinctively jump. Andy didn’t intentionally make Harry jump therefore this is known as Actus Reus. In fear, Harry picked up a broken piece of glass and threw it at Andy which resulted of cutting into Andy’s arm. In this there is again Actus and Mens Rea as the Mens Rea is when Harry picked up the broken piece of glass and having the thought of throwing it at Andy but the Actus Reus is when he wounding him which Harry wasn’t meant to do. Harry, however, he didn’t know it would hurt him or…show more content…
Offence & Definition | Actus Reus | Mens Rea | Relevant Cases | Assault S39 | Put or Seek to put another person in fear of immediate unlawful personal violence | Intentionally or subjectively recklessly making the victim apprehend quickly and u lawful violence | R v Lamb (1967)Logdon(1976)Smith (1983)Ireland (1997) | Battery S39 | Application Unlawful, physical force | Intention to apply unlawful physical force | Collins v Willcock (1984)DPP v K Haystead (2000)Thomas (1985)Venna (1976) | S47 | Assault occasioning actual bodily harm | Intention or recklessness as to either putting the victim in fear of unlawful force or applying unlawful force | Smith (2006)SavageT v DPP | S20 | Wounding or inflicting grievous bodily harm | Intention or recklessness as to some harm | | S18 | Wounding or inflicting grievous bodily harm | Specific intent to wound or cause grievous bodily harm or resist arrest |

More about Legal Case Study: Andy And Harry's Case

Open Document