Alpa and Ben are rehearsing a fight scene on stage in their university drama class. Alpa is reading from the script and says, ‘Then I kick you.’ Alpa wants to make the scene as realistic as possible so she kicks Ben in the jaw, aiming to make contact. Unknown to Alpa, Ben had been in a rugby match a month ago and suffered an injury which weakened his jaw. Alpa’s kick causes Ben to suffer considerable pain in his jaw for several days.
Chatvarin is rehearsing a scene nearby with his drama partner, Darren. Alpa’s kick causes Ben to lose his balance and knock Chatvarin off the stage. Chatvarin suffers a badly broken arm.
Darren is annoyed about what happened to Chatvarin and wants to scare Alpa in return. Just as Alpa is going to her next class, Darren sends her the following text message:
‘When you come out of class, my friends and I are going to make you suffer like Chatvarin did’.
Darren is not actually serious about doing anything to Alpa after her class. However, Alpa worries about the message for 55 minutes and then runs out of class.
As Alpa is running down the street, she notices Darren’s friend Eric running behind her. Eric knows nothing about Darren’s earlier text and is just running to catch a bus. Alpa does not know this and believes she is in danger. Alpa stops running, pulls out a knife she is carrying and stabs Eric several times in the leg causing him to lose a significant amount of blood from the deep cuts.
Alpa is very upset about what she has done and sits down at the bus stop which is owned by the local council. She uses her knife to scratch the words, ‘I am sorry Eric’ onto the glass in large letters.
As Alpa is walking home she smokes part of a cigarette. She throws the remainder of the lit cigarette into her neighbour Fran’s recycling bin that is filled with newspapers and magazines. Alpa sees Fran’s car in the driveway and thinks it will be funny to see how upset Fran will be when she finds the burnt out recycling bin the next day. Alpa notices that the recycling bin is close to Fran’s house but leaves with the papers in the bin still burning. Later that evening, the fire spreads from the recycling bin to Fran’s house, damaging the building and the furniture within it. Fortunately, Fran manages to escape from the house unharmed.
Advise Alpa and Darren on their criminal liability including any defences they may be able to rely on, if any. Use decided cases and relevant legislation to support your answer.
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Hi I would really appreciate if anybody can help me tackle this..Thank you!! xx watch
- Thread Starter
- 08-11-2015 21:47
- 15-11-2015 19:38
Alpa to Ben:
ABH s.47 OAPA 1861, defence of Consent possibly.
Alpa to Chatvarin:
GBH S.20 OAPA 1861.
Discussion of transferred malice
Darren to Alpa:
Assault (s.39 Criminal Justice Act 1988)
Alpa to Eric:
S.18 OAPA 1861 - wounding (defined by Eisenhower, confirmed in Mariarty v Brooks)
Potential self-defence, remember it is what they percieve the situation to be not what it actually is - and that Alpha is entitled to make mistakes (Gladville Williams case)
Not sure about the property stuff as I haven't studied that for a year so don't want to give you wrong advice, hope this helped though!