Barry Veysey & Others [2019] EWCA Crim 1332

“These three cases, otherwise unconnected, were listed together because each raises issues as to a form of assault which is colloquially referred to as “potting”. That unattractive name is given to a prisoner either throwing at a prison officer, or smearing a prison officer with, urine, faeces or a mixture of the two. Misconduct of that nature is sometimes dealt with as an offence against prison discipline, for which a Governor’s punishment is imposed. In each of these cases, however, and in other cases, the prisoner has been prosecuted for an offence, contrary to section 24 of the Offences Against the Person Act 1861, of unlawfully and maliciously administering a noxious thing with intent to injure, aggrieve or annoy (hereafter, for convenience, “a section 24 offence”). At paragraphs 25 and 26, we give our conclusion on the issue of whether urine is capable of being a noxious thing in this context. At paragraphs 41 to 46 we give guidance as to the appropriate level of sentencing in “potting” cases.”