Sunday 23 November 2003 at 6:57 pm | In News | Post Comment

The Sexual Offences Act 2003 – the most radical overhaul of sex offences legislation for 50 years – received Royal Assent on 20th November.
The new Act redefines rape and consent in sexual offences and creates a new series of offences to protect vulnerable people including a new grooming offence based on meeting a child with the intention of committing a sex offence.
The Act creates a new series of civil orders that will restrict the movement of potential sex offenders both in this country and abroad.

See here for more details

Criminal Justice Act 2003

Sunday 23 November 2003 at 6:09 pm | In News | Post Comment

The new Act – received Royal Assent on 20 November – contains many new and radical changes to the way courts and police operate.
The Act makes fundamental changes, including reforms to

  • police and criminal evidence,
  • bail,
  • charging and disclosure,
  • rules of evidence,
  • double jeopardy,
  • juries and
  • appeals
    Some provisions will have immediate effect others will be phased in.
    See here for additional information
  • An omission can amount to the actus reus of an assault. Director of Public Prosecutions v Santana-Bermudez (2003) DC

    Thursday 20 November 2003 at 10:38 pm | In News | 1 Comment

    [Assault – actus reus – inactivity by D – an omission can amount to the actus reus of an assault]
    D injured a woman police officer by allowing her to search him, knowing he had hypodermic needles in his pockets. V asked D if the items he removed himself was everything to which he replied ‘yes’. She then asked ‘are you sure that you do not have any needles or sharps on you’. D said ‘no’. D was stuck by a needle causing bleeding. She noticed that the defendant had a smirk on his face.
    D was convicted by the Magistrates, but acquitted at Crown Court. On appeal by way of case stated from the Crown Court, the appeal was allowed.

    Held: Where someone, by act or word or a combination of the two, created a danger and thereby exposed another to a reasonably foreseeable risk of injury which materialised, there was an evidential basis for the actus reus of an assault occasioning actual bodily harm. However, it remained necessary for the prosecution to prove an intention to assault or appropriate recklessness.

    In the instant case, D by giving the police officer a dishonest assurance about the contents of his pockets, thereby exposed her to a reasonably foreseeable risk of injury which materialised.

    Dica gets 8 years for “Biological GBH”

    Friday 7 November 2003 at 8:20 pm | In News | Post Comment

    On Monday 3 November 2003 Mohammed Dica was sentenced to eight years imprisonment at Inner London Crown Court having been found guilty of causing grievous bodily harm at Inner London Crown Court on 14 October 2003. At his October trial, the court heard that Dica, 38, a married father of three, knowingly infected two lovers with the HIV virus.

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