EKIA
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Fred protested when chen pushed in front of him in a supermarket queue. Fred threatened to hit Chen and waved a fist in the air at him. Chen struck Fred on the head with his walking stick causing Fred’s spectacles to fall onto the floor. The blow caused Fred a small swelling on his head.
Although he could not see clearly without his spectacles, Fred was so enraged that he grabbed a tin from the shelf and threw it in Chen’s direction. The tin missed Chen and hit Lola, another customer, causing her to fall over heavily and fracture her leg.
At that moment, Fred saw Chen walking in his direction with what he believed to be a broken bottle. Frightened, Fred tried to run away. Fred could not see clearly where he was going and ran into a glass door causing it to break. Flying glass caused a deep cut on Fred’s arm. In fact, Chen had been carrying a folded umbrella.

Advise Felix and Chen on their criminal liability, if any.

Felix:
- Assault when he threatened to hit Chen
- GBH for hitting Lola (does her injury constitute GBH)

Chen:
- Assault (and maybe GBH bc it’s a tear in the skin) when he cut in the line and when he walked towards Felix - Battery or GBH (I’m not sure if his injury can come under GBH) when he hit Felix
Last edited by EKIA; 1 month ago
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chris2791
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(Original post by EKIA)
Fred protested when chen pushed in front of him in a supermarket queue. Fred threatened to hit Chen and waved a fist in the air at him. Chen struck Fred on the head with his walking stick causing Fred’s spectacles to fall onto the floor. The blow caused Fred a small swelling on his head.
Although he could not see clearly without his spectacles, Fred was so enraged that he grabbed a tin from the shelf and threw it in Chen’s direction. The tin missed Chen and hit Lola, another customer, causing her to fall over heavily and fracture her leg.
At that moment, Fred saw Chen walking in his direction with what he believed to be a broken bottle. Frightened, Fred tried to run away. Fred could not see clearly where he was going and ran into a glass door causing it to break. Flying glass caused a deep cut on Fred’s arm. In fact, Chen had been carrying a folded umbrella.

Advise Felix and Chen on their criminal liability, if any.

Felix:
- Assault when he threatened to hit Chen
- GBH for hitting Lola (does her injury constitute GBH)

Chen:
- Assault (and maybe GBH bc it’s a tear in the skin) when he cut in the line and when he walked towards Felix - Battery or GBH (I’m not sure if his injury can come under GBH) when he hit Felix
Initially when Fred "waved his fist in the air" at Chen this constitutes to an assault - first offence
secondly, when Chen "struck Fred with a walking stick causing a small swelling" I would argue that this would be an ABH s47 offence because its a "small swelling" and for GBH to occur according to DPP V SMITH GBH "needs to be really serious harm" but I would argue that Chen would have a defence of Self defence because Chen was being threatened by a waving fist by Fred
thirdly Fred would be liable for a section 20 GBH for the fracture to Lola leg, you would also need to mention transferred malice in the mens Rea of the GBH
fourthly, In relations to the deep cut that Fred had sustained by his mistaken belief that Chen was holding a broken bottle, this would be S20 GBH wounding but Chen may use the defence of a mistake if the mistake was both honest and reasonably held R v Tolson
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EKIA
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(Original post by chris2791)
Initially when Fred "waved his fist in the air" at Chen this constitutes to an assault - first offence
secondly, when Chen "struck Fred with a walking stick causing a small swelling" I would argue that this would be an ABH s47 offence because its a "small swelling" and for GBH to occur according to DPP V SMITH GBH "needs to be really serious harm" but I would argue that Chen would have a defence of Self defence because Chen was being threatened by a waving fist by Fred
thirdly Fred would be liable for a section 20 GBH for the fracture to Lola leg, you would also need to mention transferred malice in the mens Rea of the GBH
fourthly, In relations to the deep cut that Fred had sustained by his mistaken belief that Chen was holding a broken bottle, this would be S20 GBH wounding but Chen may use the defence of a mistake if the mistake was both honest and reasonably held R v Tolson
Thank you so much
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