R v David Smith. - ABH, criminal law

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R v David Smith

a) The Prosecutors Submission:

The Defendant is charged with two cases of assault occasioning Actual Bodily Harm, according to Section 47 of the Offences against the Person Act 1861, arising out of an incident that occurred in Theobald Road, Smallville on the 11th of August 2003. This is an aggravated assault, and the Prosecution must prove an unlawful assault which caused the victim to sustain an injury that is more than merely 'trifling' or 'superficial,' but as long as the injury is 'not so trivial as to be insignificant,' it shall suffice. The defendant has pleaded guilty to both of the charges.

In a brief summary of the facts, David Smith was alone in his car on the early morning of the 11th of August 2003. Whilst driving along Lansdowne Road, he turned into Beda Road and upon seeing a marked police traffic patrol vehicle, stuck his fingers out of the window and made an obscene gesture at the Police officer operating the marked vehicle. David Smith then turned into Brunswick Street, driving in the middle of the road, causing a taxi to take evasive action. Mr Smith proceeded to make a number