Hey there! Sign in to join this conversationNew here? Join for free
x Turn on thread page Beta

What type of sentence would u give??? watch

    • Thread Starter

    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.


    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.

    Depends on whether the lady wants to prosecute. If she does, then a fine and community service would do.
Submit reply
Turn on thread page Beta
Updated: March 19, 2011
Do you agree with the proposed ban on plastic straws and cotton buds?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.