Will130204
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Hi. If you prank someone and they faint and injure themselves has a crime been committed?
The prankster was aware that the victim had a fear of something and these caused the scenario. I don't know if an assault has taken place under sectio47 of OAPA 1861.
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phepatus2248
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It really depends on the type of prank. But yes, sounds like a crime. Pranks that hurt other people are not okay, so the law does apply regardless of the intention being a joke.
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Craft1
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(Original post by Will130204)
Hi. If you prank someone and they faint and injure themselves has a crime been committed?
The prankster was aware that the victim had a fear of something and these caused the scenario. I don't know if an assault has taken place under sectio47 of OAPA 1861.
Thanks
I'm in no way a lawyer or have ever received any legal training etc... but I'd argue that would probably be a crime if they injured themselves. The prankster knew the effect it would have on the victim going into that scenario and thus by extension the likely outcome of that scenario occurring.

If I sent someone with epilepsy a picture of quick fast strobing lights in order to induce a seizure in people (which some awful people have unfortunately done in the past), these incidents can be followed up by police in the case listed above Thames Valley Police investigated the tweets as a hate incident.
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Nightwish1234
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(Original post by Will130204)
Hi. If you prank someone and they faint and injure themselves has a crime been committed?
The prankster was aware that the victim had a fear of something and these caused the scenario. I don't know if an assault has taken place under sectio47 of OAPA 1861.
Thanks
Hi, off the top of my head - the mens rea needs only to be to intend the act, not the consequence. Thin skull rule probably applies.
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Trinculo
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(Original post by Will130204)
Hi. If you prank someone and they faint and injure themselves has a crime been committed?
The prankster was aware that the victim had a fear of something and these caused the scenario. I don't know if an assault has taken place under sectio47 of OAPA 1861.
Thanks
Deal with the issues one at a time.

There's going to be a discussion over AR - causation and MR - intent / recklessness. In this case you have to work through the various alternatives and make the argument that you prefer with reference to the alternatives.

Then deal with the mechanics of the issue - what differing circumstances might mean when no detail is given in the rubric - for example, what was the risk of the fall - was it remote, or a near certainty?

Then deal with the elements of ABH itself and any possible defences, remedies and alternatives.

I have a feeling that there may be a fair few marks in a question like this over consent. Because "prank" is mentioned alongside ABH it could be worth a Rv Brown discussion - does the prank fall within "horseplay" and if so look at cases like Jones(1986) or Aitken(1992) or Richardson et al. (1999)
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