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Law questions re criminal liability in GBH and murder

3

Our teacher hasn't got us any law textbooks yet and I'm having some difficulty with the essay task (due in tomorrow :redface:

) and wanted to check whether or not I was on the right lines - if someone could help me out it'd be great :smile:

Gurdeep, who was 25 years old, was fascinated by knives and spent many hours improving his skills in throwing them. He persuaded Helen, a 15 year old girl whom he had just met, and who was very flattered by his apparent interest in her, to act as his 'assistant'. He told her that he was circus knife thrower. He stood her against a wooden fence and threw knives towards her, aiming to hit the fence close to her body. As he did so, Helen had her eyes closed tight but her mouth was open and she was shaking. One knife caused a splinter of wood to fly out and embed itself in her mouth, leading to a bad infection. Helen later suffered a nervous breakdown

Discuss Gurdeep's criminal liability in connection with the incidents involving Helen.

OK, so how serious would an infection leading to a nervous breakdown be? I know psychological damage can amount to GBH but I'm not sure how serious it has to be - is it that it has to lead to a condition needing serious and ongoing treatment? If so this might well qualify, I thought. In which case it would be section 20 because he didn't intend it but he was reckless as to whether some harm was caused. What do other people think?

Gurdeep himself reacted badly to the experience and fled to another area of the country, where he slept rough and acquired a reputation for very odd behaviour, proclaiming himself to be directed by 'voices'. One day Irene, a 65-year-old charity worker, tried to offer him food and shelter. Gurdeep thought she was trying to take him away to have him locked up in a hospital. He kicked her in the thigh and she suffered a heart attack. After watching her for some minutes, he walked away without calling for any help. By the time Irene was found, it was too late to save her life

Discuss Gurdeep's criminal liability for the death of Irene

I'm guessing I'll need to discuss the defences which could reduce murder to manslaughter - in this case wouldn't he have to plead insanity rather than diminished responsibility re the voices in his head? I don't suppose he could claim provocation on the basis that he *thought* she was trying to get him locked up? & I know you take the victim as you find them, but isn't it a bit far fetched to put someone away for murder because just kicking the victim caused them to have a heart attack? Also thinking the walking away and not getting help will be crucial, but not sure of case evidence to back this up.

Lastly I'm supposed to discuss the suggestion that, with some minor changes, the existing law on non fatal offences against the person would be perfectly satisfactory so that major reform is not required - looks interesting.

Any help would be greatly appreciated, thanks!

Reply 1

Onearmedbandit

17

It's been years but I'll try to help!

A nervous breakdown would lead me to believe that it is GBH. It could be considered reckless... but then you'd want to consider the likelihood of someone suffering a nervous breakdown from a splinter - was it reasonably foreseeable? The daftness test (Roberts, 1972) probably won't apply but you might wanna mention that anyway just to show the teacher you know your stuff.

Regarding the 2nd point ... regarding the "far-fetched"ness, there was a case where a man in a post office barged past an old man, who fell over onto an old lady who suffered a heart attack. I can't remember the name, or the outcome of the case :redface:

But I think it may be relevant to this particular point.

Regarding the defences, I wouldn't expect Gurdeep to get murder for this. His walking away probably won't change his conviction, but it would probably be an aggravating factor in the sentencing procedure.

Hope this helps a bit. I know I've only gone over a couple of things but I'm busy getting ready for halloween :biggrin:

Reply 2

dappleddawndrawndauphin

OP

3

Onearmedbandit

It's been years but I'll try to help!

A nervous breakdown would lead me to believe that it is GBH. It could be considered reckless... but then you'd want to consider the likelihood of someone suffering a nervous breakdown from a splinter - was it reasonably foreseeable? The daftness test (Roberts, 1972) probably won't apply but you might wanna mention that anyway just to show the teacher you know your stuff.

Regarding the 2nd point ... regarding the "far-fetched"ness, there was a case where a man in a post office barged past an old man, who fell over onto an old lady who suffered a heart attack. I can't remember the name, or the outcome of the case :redface:

But I think it may be relevant to this particular point.

Regarding the defences, I wouldn't expect Gurdeep to get murder for this. His walking away probably won't change his conviction, but it would probably be an aggravating factor in the sentencing procedure.

Hope this helps a bit. I know I've only gone over a couple of things but I'm busy getting ready for halloween :biggrin:

thanks mike that's really helpful, you're a star :biggrin:

Have a great Halloween!!! (Mine's going to be boring - I've screwed myself by leaving all my h/w til tonight so I can't go out oops :redface:

)

Reply 3

dappleddawndrawndauphin

OP

3

Does anyone know whether Gurdeep could use the defence of mistake of the facts re Irene?

Reply 4

Dreama

13

AQA Law - How I miss the hysterically amusing scenarios that people with politically correct names get themselves into :smile:

Jo xxx

PS - Check your PM's for help regarding above Q's..

Reply 5

Onearmedbandit

17

Dreama

AQA Law - How I miss the hysterically amusing scenarios that people with politically correct names get themselves into :smile:

Jo xxx

PS - Check your PM's for help regarding above Q's..

lol you're so right. why can't they have regular names like Mike or Jo?

Reply 6

hanadeka2002

Gurdeep is a very disturbed young man :frown:

Reply 7

lrl91

he is also liable for Assault (Helen shaking due to fear) and also ABH (due to the splinter)
he could use consent as a defense though so you may want to mention that.

Law questions re criminal liability in GBH and murder

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