Fatal "Happy Slap" Attack- Girl Faces Jail
Introduction
In September last year, Gavin Waterhouse was violently attacked by youths near his house in Keighley, West Yorkshire. Tragically, the 29 year-old died from internal injuries, despite managing to return to his flat after the assault. The teenage girl who filmed this so-called "happy-slap" attack on a mobile phone, in which two boys kicked and punched Mr Waterhouse to death, now faces custody.
The 15 year-old schoolgirl, who cannot be named for legal reasons, pleaded guilty on 14 February to aiding and abetting manslaughter. The girl's conviction is the first of its kind in England and Wales, as it is thought to be the first successful prosecution of someone who filmed an attack without taking part in it physically.
"Happy Slapping" is a worrying trend where youths are encouraged by their peers to attack innocent people and film the violence for no other reason than entertainment. Prosecution witnesses in the Waterhouse case said that after the attack they heard the youths boasting about what they had just done and sharing the footage with friends. The craze reportedly emerged in 2005, but the level of violence involved has been increasing.
Judith Naylor, junior counsel in the Waterhouse case for West Yorkshire Crown Prosecution Service, said, "The message is this: if you stand by and watch your friends committing brutal crimes and video-record their acts for yours or others' amusement your actions will not be ignored by the law enforcement agencies and prosecution may follow."
According to the Crown Prosecution Service, the girl was handed a mobile phone by one of the attackers and told to "video this". She then approached Mr Waterhouse and asked him for money, before filming the attack that followed.
Mark Masters, 19, and another 17-year-old boy, had previously pleaded guilty to manslaughter at Leeds Crown Court. The girl has now been sent to a secure unit, whilst pre-sentence reports are prepared. In theory, she faces the same maximum sentence as for the offence that she aided and abetted, which in the case of manslaughter is life imprisonment, although in reality this is most unlikely.
The rising popularity of "happy-slap" attacks amongst teenagers has provoked some schools to prohibit the use of video mobile phones. Unfortunately, this is a backward step for those who use their phones responsibly. Some blame TV shows that are popular with teenagers, such as Jackass, suggesting that they encourage children to stage their own scenes of humiliation in order to attract notoriety when the footage is later circulated. What is not in doubt is the distress caused to the victims.
"Happy Slapping" can encompass a variety of criminal offences, including assault (or other violent attacks legally classed as more serious) and harassment (by those circulating the footage). Victims may also be able to pursue a remedy under the Data Protection Act 1998, preventing the processing on the Internet of any footage of an attack.
Please contact Ashfords' Criminal Department if you require advice about any of the issues raised in this article.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
| February 2008 |
