DPP v Santana-Bermudez [2004] EWHC 2908

High Court of Justice (Queen's Bench Division)

Facts: During a search, the defendant failed to inform a police officer of a needle in his pocket. The needle injured the officer, who was not warned of its presence.

Held: The court ruled that the defendant's failure to inform the officer constituted an omission that resulted in assault occasioning actual bodily harm (ABH). The omission created a foreseeable risk of harm that materialized.

Key Quote: LJ Pill: “Where someone... creates a danger and thereby exposes another to a reasonably foreseeable risk of injury which materializes, there is an evidential basis for the actus reus of an assault occasioning actual bodily harm.”

💡Levelup: This case established that omissions can constitute assault if they create a foreseeable risk of harm, emphasizing the legal responsibility for preventing harm in situations where danger is known.