hey, ive got an essay due it 2 days and im stuck on how 2 structure the essay and what principles to include... the problem question is:
Jason decides to commit suicide. He is watching a concert and has seats in the upper circle. He decides to throw himself off the balcony and into the stalls below. He recognises that it is extremely likely he could land on people sitting in the stalls and would thereby injure them seriously. He hopes however that he might avoid injuring anyone.
Jason jumps into the stalls and lands on Arthur. Arthur is stunned and knocked to the floor in the aisle. Another member of the audience rushes to help him and pulls him up into a sitting position. In doing this Arthur’s spine is injured and he is unable to walk again. The medical evidence is that if he had not been pulled upright so soon but had been left unmoved until a stretcher was brought, he would only have sustained relatively minor injuries.
Arthur’s girlfriend, Betty, who was sitting next to him, is extremely upset by what has happened; for several weeks she suffers from breathing difficulties, spells of dizziness, panic attacks and sleeplessness.
Discuss the criminal liability of Jason, who has survived from his jump.
so far ive stated that there is a possible 2 defendants which need 2 be examined, and if said the defendant will be liable under s.20 ... but dont know what else to include? ... help will be EXTREMELY appreciated
Non Fatal Offences HELP pls :) Watch
- Thread Starter
- 13-12-2010 16:00
- 13-12-2010 19:44
We start by identifying the injuries, and then identifying the potential criminal charge, then we do the AR, and then causation and then the MR.
I think both injuries would be either S18 or S20 (We were told we had to always talk about S18 first, and then go onto S20 if it doesn't work out)
I think Chan Fook (1994) would be useful too because that says that mental harm also constitutes bodily harm, which would be useful for the injury to Betty.
Hope that helps
- 13-12-2010 20:08
Start with the biggest offence for one defendant and work your way through. State the AR and discuss whether the defendant has caused this to occur. Then state the MR (if the AR exists) and discuss that. Then come to a conclusion. Once you've covered all the possible offences for one defendant, go to the next one.
S.18 should be discussed first and only then discuss S.20 if the defendant can't be liable under S.18. This shows you've considered all possible liability. Also consider offences you wouldn't think of straight off the bat if these fail, even if only to dismiss them (hint: i'm thinking of someone touching Arthur without his permission), again to show you've considered all liability.
As well as Chan Fook, look at Ireland;Burstow  which may be a stronger authority, if i remember correctly.
- Thread Starter
- 14-12-2010 14:39
thnx guys 4 ur help! ive managed to finish the essay! handing it in today