This is the scenario:
Carl was waiting patiently in a queue at a fast food outlet. Dan, who was behind him, was in a hurry and was becoming very angry about the slow service. when the queue moved forward, Carl did not immediately move forward as well. this annoyed Dan, who pushed Carl in the back, causing him to stumble and fall on to Enid, an old and frail lady. Enid was knocked over by Carl's fall, but Carl was unhurt.
Dan, who have never been in trouble with the police, was horrified at what had happened and immediately gave all possible help to Enid, who was later diagnosed with a broken hip.
These are the sentences available: custodial sentence, discharge, community sentence or a fine.
I think it's between a discharge or a community sentence.
Please can someone help me.
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What type of sentence would u give??? watch
- Thread Starter
- 19-03-2011 16:33
- 19-03-2011 17:15
Well, strictly speaking, Dan has fulfilled the elements of s.20 Inflicting GBH. He could reasonably have forseen that he would cause some harm to someone by shoving Carl. The fact that he ends up harming Enid through transferred malice is just his hard cheese.
Was he reckless enough in the Cunningham sense? Yes.
In Wood, a broken bone is enough for a GBH charge.
From Blaue, you take your victims as you find them - that Enid was elderly and frail is just his hard cheese again.
s.20 Inflicting GBH = up to 5 years inside.
- 19-03-2011 17:21
Depends on whether the lady wants to prosecute. If she does, then a fine and community service would do.