Another article which got under my skin was this one about a mother who was demanding an apology from the CPS because her son had been charged with assault by beating when he threw a snowball in the face of a teenage girl. He has attended court approximately 5 times since the incident and the case was thrown out of court this month due to there being no case.
The maximum sentence passed for an adult convicted of assault by beating is 6 months in custody and the Ministry of Justice has said that the penalty remains the same for a young offender, although magistrates would consider the age and mitigation of the defendant when sentencing in a youth court.
A CPS spokesman said that there had “been clear evidence the victim had been deliberately targeted and that this was more than just a youthful snowball fight. The evidence including two witness statements, pointed to the fact that the defendant had made and thrown the snowball and made comments of a hostile nature afterwards. This, coupled with the fact that the victim was recovering from a serious eye injury, meant a court should be asked to judge the case.”
So, lets look at the facts and apply the law shall we?
The definition of assault can be found in the case of R v Fagan and states that; “An assault is any act which intentionally – or possibly recklessly – causes another person to apprehend immediate and unlawful personal violence.”
So did the victim apprehend immediate and unlawful violence which was either reckless or intentional? Well the facts stated that the defendant intended to hit the girl with the snowball, so, therefore, he intended to use unlawful violence towards the victim.
I think the mother was out of line in ordering the CPS to give an apology considering he threw a snowball at the victim, who was recovering fro a serious eye injury. Had the victim consented and was actually involved in the snowball fight then there would have been no grounds for the CPS to bring the case to court. However, the victim did not giver her consent and so the case began.
The victim committed an assault and the CPS were right in taking him to court. Yes, it was only an innocent snowball fight, but at the end of the day the victim didn’t give her consent to have the snowball thrown at her and therefore it is an assault.
It’s not the CPS who makes the rules, they just follow them. Her son had to attend court a number of times because of his actions but so what, he didn’t get charged for it so why make such a song and dance over nothing? He hasn’t been physically or mentally damaged by the ordeal has he? So why can’t the mother just put it down to her sons stupidity and get on with it?
Some people get on their soap boxes over the slightest thing. End of the day if he hadn’t of done it then he wouldn’t have been called to court. Simple.