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Criminal Assignment Dick should be advised that he could be liable for Indecent Assault Although no force was used against the boy creating fear is sufficient and the boy may have been frightened of Dick However Dick will be strictly liable under the Indecency with Children Act 1960 By s1 of this statute any person who commits an act of gross indecency with or towards a child under the age of fourteen or who incites a child under that age to such an act with him or another shall be liable Dick could not argue consent because under this act the boy is too young Speck 1977 2 ALL ER 859 There is no requirement that the victim for example accepts the accuseds invitation to handle his penis The offence is committed even when the child does nothing The offence is one of strict liability as to the age of the victim B v DPP 1998 4 ALL ER 465 DC Dick may also be liable under s47 of the Offences Against the Person Act 1861 for Actual Bodily Harm and Battery Dick has demonstrated an unlawful display of force against Jasmin which caused her to apprehend immediate and unlawful violence the requirement for actual bodily harm with the consequence of a broken nose In Miller 1954 2 QB 282 it was defined as any hurt or injury likely to interfere with the health or comfort of the victim the hurt or injury need not be permanent or serious but must be more than trifling Dick did not have Jasmins permission to touch her which is an element of battery Battery can be defined as any intentional touching without the consent of that person and without lawful excuse It need not necessarily be hostile rude or aggressive per Lord Lane CJ in Faulkner v Talbot 1981 1 WLR 1528 When Dick Punched Jasmin to the floor his actions were reckless he may argue that he
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