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criminal law question, please help!

John argue with his father during dinner. They are both drinking beer. John drinks about 6 bottle of beer during dinner. They start arguing about a recent football match which they had been watching.

John becomes very angry and hits his father on the head with his beer glass. The glass breaks and cuts the father above the left eye causing slight bleeding.

John's father goes to the kitchen to get a towel and to dry up the blood, John continues to drink beer and goes to watch more football on the TV.

About 2 hours later while they are both watching TV, John goes over to the father and says, " Here's another one for you." He then punches the father in the face causing a red mark.

The police are called and John is arrested.

Discuss the possible criminal liability of John.
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can anyone help me?
how can i approach this question?
the possible charge of John is ABH?
thanks!

Reply 1

Forum User

When you are told to discuss someone's criminal liability without any restrictions then you need to consider all of the offences that could be charged.

The first blow seems to have broken both layers of skin so couldn't that be a S18 and/or S20 offence? Assault occasioning ABH is certainly a possible charge for the first blow, I agree there. Could it be a charge for the second blow - what counts as 'actual bodily harm'? Don't forget assault, and battery - both blows could possibly sustain those charges.

The glass is broken and we aren't told who it belongs to - that could be criminal damage as well.

For each offense, go through the usual structure. Identify the elements of actus reus - have they occurred. If the charge is a 'result' offence, discuss causation (not that there is anything much to say on these facts). Then go through the elements of mens rea - are they satisfied? Then go through possible defences. In all honesty there isn't a lot to discuss here apart from intoxication and the definitions of ABH and wounding once you've identified all of the offences that could be charged.

(edited 11 years ago)

Reply 2

Eudora

so do you mean, for the first blow , i should discuss s18 and s20.
and for the second blow i should discuss ABH, assault and battery?

btw, thanks for you answer :smile:

Reply 3

Forum User

You can discuss all of them for the first blow, since there is a possible ABH, assault and battery there also. The second time you consider an offence you can use shortcuts to avoid repetition by referring to what you've already written - I doubt the examiner wants to see assault spelled out in nauseating detail twice. Don't forget the possible criminal damage charge as well since there is a broken glass (and possibly aggravated criminal damage as well!)

(edited 11 years ago)

Reply 4

Eudora

i see...
then i wonder if John is intended or reckless to do so....

(edited 11 years ago)

Reply 5

Eudora

Original post by Forum User

i wonder if John is intended or reckless to do so....
and can he raise for any defence?
also, he will more likely to be charged with ABH for the two blows?