Sophie786799
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Vanessa, Christine and Beverley go out to a nightclub to celebrate Vanessa’s engagement to John. They spend the evening drinking cocktails and dancing around their handbags and after a few hours of drinking become quite giddy that they start swinging erratically to a song they all love which results in Vanessa falling over and cutting her thigh on broken glass on the dance floor.

She is taken to the hospital where they must perform a blood transfusion because of the heavy and continuous bleeding which is as a result of a condition where her blood does not clot. Before the transfusion can be performed, the hospital must test her blood type and check her for any medical issues and whilst doing so discover and inform her that she is HIV positive. Vanessa has only ever been with John as a sexual partner and so decides to confront him on the fact that only he could have infected her with HIV. John admits that he knew she was at risk of contracting the virus from him because he was diagnosed 10 years earlier but feared that if he told her she would leave him and that he thought that genetically, women contracting HIV from men is not as risky as it would be from woman to man. He also goes on to points out that she never bothered to ask him about his health status. As he makes this confession, Christine cannot withhold her anger at what he has done to her best friend and angrily lunges towards him with a surgical knife but because he ducks out of the way, she ends up slicing through the doctor’s finger as he tries to stop her attacking John. The doctor has to undergo reconstructive surgery to reattach his finger whilst Vanessa undergoes the blood transfusion and is immediately put on antiretroviral treatment for HIV which she must remain on for the rest of her life.

Unable to come to terms with what’s been done to her friend by John, Beverley starts sending John threatening messages saying she is going to “find him and make him pay” and making silent phone calls on his home phone. This leaves John shaken and he becomes reclusive and fears leaving his house as he does not know who is threatening him or what they will do.

help me discuss the criminal liabilities involved
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TheFarmerLad
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Read the STICKY!
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lukeluvsfunk
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(Original post by Sophie786799)
Vanessa, Christine and Beverley go out to a nightclub to celebrate Vanessa’s engagement to John. They spend the evening drinking cocktails and dancing around their handbags and after a few hours of drinking become quite giddy that they start swinging erratically to a song they all love which results in Vanessa falling over and cutting her thigh on broken glass on the dance floor.

She is taken to the hospital where they must perform a blood transfusion because of the heavy and continuous bleeding which is as a result of a condition where her blood does not clot. Before the transfusion can be performed, the hospital must test her blood type and check her for any medical issues and whilst doing so discover and inform her that she is HIV positive. Vanessa has only ever been with John as a sexual partner and so decides to confront him on the fact that only he could have infected her with HIV. John admits that he knew she was at risk of contracting the virus from him because he was diagnosed 10 years earlier but feared that if he told her she would leave him and that he thought that genetically, women contracting HIV from men is not as risky as it would be from woman to man. He also goes on to points out that she never bothered to ask him about his health status. As he makes this confession, Christine cannot withhold her anger at what he has done to her best friend and angrily lunges towards him with a surgical knife but because he ducks out of the way, she ends up slicing through the doctor’s finger as he tries to stop her attacking John. The doctor has to undergo reconstructive surgery to reattach his finger whilst Vanessa undergoes the blood transfusion and is immediately put on antiretroviral treatment for HIV which she must remain on for the rest of her life.

Unable to come to terms with what’s been done to her friend by John, Beverley starts sending John threatening messages saying she is going to “find him and make him pay” and making silent phone calls on his home phone. This leaves John shaken and he becomes reclusive and fears leaving his house as he does not know who is threatening him or what they will do.

help me discuss the criminal liabilities involved
Loads of stuff here!.....

Criminal offence = assault; common law, s.47, ss.18 and 20 OAPA 1861.
Intoxication as a defence, specific and basic = a defence to s.18, but not the other assault offences - explain why and discuss, in the context of intention and recklessness (mens rea).

Causation - new act intervening, whether Ds will still be liable - causation in law and fact, 'but for' principle - Pagett etc, and thin skull rule - and Smith, Jordan Chesire.

Re HIV - defence of consent to assault - Brown, Konzani - V must be told of the HIV to make informed consent, otherwise defence of consent doesn't apply.
Consider also fraud, Dica, etc.

Finger sliced = GBH. Loss of control can't be used as a defence cos no death.

Phone calls etc are also held to be an assault (indiirect) - define under common law and s.47, and cases such as Ireland and Smith v CS Woking.
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