I have never really posted on TSR, I am very desperate for help.
I have an exam next week and I don't know where to start.
I am posting the scenario - any help or direction would be appreciated.
Tonya is a professional skater and has aspirations to compete in the winter Olympics. However, her rival, Nancy has been selected ahead of her, even though Tonya has consistently beaten her in competitions. She believes that this is due to Nancy’s alleged relationship with one of the selection committee.
She decides to try and injure Nancy to prevent her from competing. She tells Dominic of her intentions. Dominic is a member of the shooting squad who she knows is also disgruntled with the selection process. Dominic suggests that she shoots her in the leg from long distance so that no suspicion can fall on her. He agrees to train her on how to use a rifle and puts her in touch with Jason, an illegal arms dealer who can supply her a rifle but otherwise says he wants nothing further to do with her plans.
Tonya meets Jason to purchase a rifle. She tells him she has been burgled and wants to keep a gun fully loaded by her bed for protection. He sells her an imitation firearm making a considerable profit for himself although he gives her live ammunition. He knows that this mix of imitation firearm and live ammunition is very dangerous if the gun is ever fired but thinks that Tonya is unlikely to ever use the gun.
Tonya later drinks a bottle of vodka and then lays in wait at the top of a high rise building for Nancy to arrive for training. Although Tonya’s vantage point is some 20 miles away she has a clear sight of where Nancy arrives by use of a telescope. When she thinks she sees Nancy arrives for training she fires the gun. In fact this is not Nancy but another athlete. As the gun is an imitation firearm it fails to discharge properly and explodes in Tonya’s face. Tonya loses an eye as a result of the explosion.
Tonya, Dominic and Jason are arrested by the police. In interview they all confess to their involvement as above although;
Tonya says she was paralytic and didn’t know what she was doing.
Dominic says he withdrew his assistance before the offence was committed.
Jason says that other than selling her an imitation rather than a real firearm he has done nothing wrong and Tonya’s injuries were caused by her own stupidity in firing the gun.
Discuss Tonya’s criminal liability only and any defence (s) she may have.
Discuss the criminal liability of Dominic and Jason.
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Criminal Law - please help, much appreciated. (THANK YOU in advance) watch
- Thread Starter
- 14-01-2015 19:02