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Consumer Protection Act

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Question 1- George Hewkin

For Lucy, Jon would be liable for s.47. To find liability we must first establish the actus reus. Assault occasioning actual bodily harm. The assault refers to common assault so either assault or battery. In this case it’s an assault. Jon made Lucy fear immediate and unlawful (Lamb) violence. There is no need for any physical contact. The cases of Ireland and Burstow confirm that silence can amount to an assault. It’s also clear she feared unlawful violence (Logdon) as she ran off crying. The second part of the definition is occasioning, did Jon’s actions cause the harm. There are no intervening acts so its clear his actions where the operating and substantial cause. The final part of the actus reus Is the harm caused by Jon’s battery actual bodily harm. Miller defines ABH as ‘more than minimal harm’. Chan-fook established mental harm as a form of ABH. As she couldn’t go out for months after, I believe this is more than minimal harm. Actus reus established.

Next the mens rea must be proven. Intention or recklessness as to causing the initial assault or battery. Savage confirms the mens rea for s.47. In this case I believe Jon had intention, it was a clear action that’s not a natural reflex or anything of that nature. It’s completely voluntary therefore it was his choice to carry it out. Liability can be established, Jon would be charged with s.47, which carries a sentence of up to 5 years imprisonment.

For Malik, Jon would be liable for battery. The AR for battery is the unlawful application of force to another. Unlawful means without consent (R v Brown). The force in this case is the hugging and kissing which we know Malik did not consent to. The force could be the slightest touch (Collins and Willcock). The force in this case is a little more obvious than the slightest touch though. And application simply means physically

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