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Is there criminal liability here (threats)? Watch

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    (Original post by lesbionic)
    Noone is pressing charges *yet* but Andro and Greg are spitting feathers at the moment...
    If I were them I'd be more concerned about finding a doctor to find out why they're spitting feathers than pressing charges over a empty threat a drunk guy made.

    But seriously... that's all it is. An empty threat a drunk guy made. So why are they so up in arms about it?
    He didn't do anything, and it's only going to end up like a giant episode of Eastenders. Completely pointless, let sleeping dogs lie et al.
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    If the defendant (D) could prove the voluntary intoxication of these prescribed drugs a) actually diminished his intent and b) knew these valium pills wouldnt put him in that state then he could use intoxication as a full defence...
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    (Original post by Caarl)
    If the defendant (D) could prove the voluntary intoxication of these prescribed drugs a) actually diminished his intent and b) knew these valium pills wouldnt put him in that state then he could use intoxication as a full defence...
    But that's a partial defence to murder. I don't believe there are partial defences to non fatal offences.
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    Intoxication is not a partial defence. It's a defence to ANY criminal crime.
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    (Original post by lesbionic)
    Jay is in a casual relationship with Oliver, but wants more. Gregory is a friend of Jay's from university, and the two have known eachother for around a year and can be said to be 'good friends.' One chilly night in December, Jay decides to take Oliver on a date or sorts to a trendy city centre bar, where by chance they run into Gregory and Andromeda, a friend of Gregory's.

    Jay leaves the three to chat whilst he buys shots for them; each of the four drink three shots each whilst Jay secretly takes three Vallium prescriptions to ease his nerves.

    Four hours later and the four are dancing to some music in the bar; all can be said to be 'tipsy' ... Jay looks over to a couch and see Oliver and Gregory kissing passionately and in a sexual embrace. Jay pretends not to care (he was only in a 'casual' relationship with Oliver, remember) and continues to dance, whilst secretly shaking with rage.

    Jay can't take it anymore; he stops dancing with Andromeda on the dancefloor and screams "What does that spiteful pig think he is doing? I am so angry, I want something bad to happen and I want it to happen now." Andromeda asks Jay if he means what he says to which he replies "yes, I have enough pills in my pocket to kill all four of us. I am going to lace Gregory's drink with enough of this **** to teach him not to mess around with me."


    Is Jay criminally liable for anything? It seems he has made a genuine threat to spike somebody's drink.

    Jay didn't end up spiking anybody's drink, it was just an angry threat. But has there been a crime?

    S.39 assault
    Actus reus requirement: the defendant caused the victim to apprehend imminent unlawful force
    Mens rea requirement: the defendant intended or was reckless that the victim would apprehend imminent unlawful force

    We also dismiss any possibility of battery or an offence higher than this, since no unlawful force was actually physically applied.

    Ok, so if the victim, Gregory didn't hear the threat, then there cannot be any threat or assault because there is no causation. Therefore, no actus reus

    The mens rea requirement was present because the defendant did intend (objectively) that the victim would apprehend imminent unlawful force.

    Since we have established there is no s.39 assault, then we need not look at defences.


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    all this legal speak when in reality now days after what was said, nothing will happen. no proof. your word versus his.
 
 
 
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