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    Alex thinks that Edward is challenging him so punches Edward in the face. Edward falls onto the floor but in doing so hits his head on the corner of the table. His head is bruised and swollen and he is in a lot of pain, but says that he is okay. Alex slaps Mary across the face, causing a red mark.

    Mary picks up an empty bottle of wine and hits Alex over the head with it. Alex falls to the floor, on top of Edward causing Edward a broken arm. Alex suffers from concussion and is bleeding from the head.

    The restaurant manager phones for an ambulance. The ambulance arrives 30 minutes later than it should have done because the driver made a detour to give his friend a lift home. When they finally arrive at the hospital Edward is suffering from serious head injuries. The doctor later discovers that Edward was suffering from a very rare disease whereby a knock to his head resulted in the serious injuries. This would not normally happen and no-one knew about this condition.

    Discuss criminal liability of Alex and Mary. DO NOT consider any defences.


    MY answers.

    Alex slaps Mary. S39 Criminal Justice Act or S47 OAPA; can be either.

    Mary hits Alex with bottle. Is this GBH under S18 (wounding with intent) OR
    S20 (malicious wounding). I can't decide?

    Alex causes Edward's broken arm BUT this is originally caused by Mary; is this chain of causation so that Mary is liable? If so is it S47 since it is not GBH?

    Edward's injuries.
    You take your victim as you find him. Is the late ambulance a novus actus interveniens.? What is it's significance?

    I have tried to answer most of it myself but just need direction on the above mentioned issues.Thank you
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    Sounds like a fun party!
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    (Original post by gordonh)
    Alex thinks that Edward is challenging him so punches Edward in the face. Edward falls onto the floor but in doing so hits his head on the corner of the table. His head is bruised and swollen and he is in a lot of pain, but says that he is okay. Alex slaps Mary across the face, causing a red mark.

    Mary picks up an empty bottle of wine and hits Alex over the head with it. Alex falls to the floor, on top of Edward causing Edward a broken arm. Alex suffers from concussion and is bleeding from the head.

    The restaurant manager phones for an ambulance. The ambulance arrives 30 minutes later than it should have done because the driver made a detour to give his friend a lift home. When they finally arrive at the hospital Edward is suffering from serious head injuries. The doctor later discovers that Edward was suffering from a very rare disease whereby a knock to his head resulted in the serious injuries. This would not normally happen and no-one knew about this condition.

    Discuss criminal liability of Alex and Mary. DO NOT consider any defences.


    MY answers.

    Alex slaps Mary. S39 Criminal Justice Act or S47 OAPA; can be either.

    Mary hits Alex with bottle. Is this GBH under S18 (wounding with intent) OR
    S20 (malicious wounding). I can't decide?

    Alex causes Edward's broken arm BUT this is originally caused by Mary; is this chain of causation so that Mary is liable? If so is it S47 since it is not GBH?

    Edward's injuries.
    You take your victim as you find him. Is the late ambulance a novus actus interveniens.? What is it's significance?

    I have tried to answer most of it myself but just need direction on the above mentioned issues.Thank you
    Mary hitting Alex is s20 - there's intention to cause GBH

    You could go either way as to deciding whether the chain of causation was broken by Alex falling on Edward.
    Could either say that damage was foreseeable and not too abnormal, or the opposite. you choose.

    If you decide whether the chain of causation was not broken, so Mary caused Edward's broken arm (I would choose this option).
    Yes, it would be s47.
    --

    Edward's injuries
    From the facts you've given, it does not seem like the late ambulance is significant, as there's no mention of a deterioriating condition.
    Alex would be liable - eggshell skull rule applies.
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    Thanks very much tehforum.
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    "Alex thinks that Edward is challenging him so punches Edward in the face.
    Edward falls onto the floor but in doing so hits his head on the corner
    of the table. His head is bruised and swollen and he is in a lot of
    pain, but says that he is okay."

    I missed this bit of action out! I presume it is s 47 again; no need to prove the assault bit where Alex thinks Edward is challenging him. Is this correct?
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    (Original post by gordonh)
    "Alex thinks that Edward is challenging him so punches Edward in the face.
    Edward falls onto the floor but in doing so hits his head on the corner
    of the table. His head is bruised and swollen and he is in a lot of
    pain, but says that he is okay."

    I missed this bit of action out! I presume it is s 47 again; no need to prove the assault bit where Alex thinks Edward is challenging him. Is this correct?
    Yep s47.
    MR = Intention or recklessness as to whether unlawful personal violence would be inflicted on V. Which is the same MR for assault or battery.

    Alex slapping Mary across the face would be battery
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    Yes the slap by Alex is a S 39 offence.
    Thanks again.
 
 
 
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