Andy saw Bilal standing at a bus stop as he drove past. Andy immediately stopped his car and, in an aggressive manner, ran over to Bilal shouting racist abuse and accusing him (falsely) of being involved in the kidnapping of a child. Andy then punched Bilal, knocking him to the ground. Andy then hit Bilal repeatedly with a rubbish bin which Andy ripped from the bus stop. Bilal’s injuries included a fractured cheekbone and jaw, and severe cuts to his face from which he lost a lot of blood. Bilal needed major surgery to rebuild his face.
Report explaining the different offences for which Andy is likely to face prosecution.
In relation to Bilal’s injuries of a fractured cheekbone and jaw as well as severe cuts to his face, I believe that Andy will be charged with S.18 GBH under the Offences Against the Person Act 1861. S.18 is an indictable offence, which carries a maximum sentence of life imprisonment. However it could be argued that before Andy attacked Bilal, Andy caused Bilal to fear being attacked which comes under Section 39 Offences against the Person Act 1861 so could be charged with this offence as well as S.18.
Andy will face criminal liability for assault contrary to S39 Criminal Justice Act 1998. R v Logdon confirms that Andy must through his own actions or words cause Bilal to fear that unlawful force will be immediately used against him. This can be actions such as showing the gun in Logdon and/or words such a Logdon threatening to keep his victim hostage. Here, Andy has satisfied this requirement by shouting racial abuse at Bilal and accusing him of kidnapping. Such fear must be of immediate force as seen in Smith v Chief Superintendent of Woking Police Station where the defendant’s threat to the victim was imminent enough by him being in the garden. Here, Bilal's fear was of immediate force because Andy got out the car aggressively then shouted racial abuse at Bilal and falsely accused him of kidnapping a young child....
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