DPP v Santana-Bermudez [2003] EWHC 2908 (QBD). FACTS: The respondent was convicted of assault occasioning actual bodily harm. A police officer asked the respondent if he had any needles or 'sharps' on him. The respondent replied 'No'. The officer then searched the respondent's jacket pockets, where her finger was pierced by a hypodermic needle. HELD: Although the respondent had not done an act which had directly caused the injury, the Divisional Court applied R v Roberts and R v Miller and held that he had created a danger (by exposing the officer to a risk), which he had failed to avert. Thus, the conviction was upheld.