Problem question on criminal, Need views how to address it Watch

sunny787
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David and Eugene leave the club butare still angry with what has happened so they decide to wait for Benjamin andChris outside with the aim of teaching them a lesson. As Benjamin and Chrisapproach them, Eugene pulls a flick knife from his pocket and waves it inChris’s face. Chris says “I’m not scared of you, you idiot” at which Eugenelashes out and stabs Chris in the leg, severing an artery. When in the hospital, Chris refusesstitches in his leg because the nurse is a woman and “women are completelyuseless, no woman is going to stitch me up”. He bleeds to death as a result ofthis refusal. On the way back from Jermaine’s houseFred receives a phone call from Ricky asking for some heroin and so he deliversthe heroin to Ricky’s house. Fred staysat the house for a chat whilst Ricky injects the drug. Suddenly Ricky becomesextremely ill and collapses on the floor. Realising that Ricky has over dosed,Fred panics and leaves the house without calling for medical help. Thefollowing day Ricky’s housemate discovers him dead on the living room floor. r�%�{���
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cj1997
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I'm guessing this is to do with assault and battery. And actus Reus of causation, omissions and third party interventions. You can probably also write about Men's rea - was it D's intention or was he reckless? (Cunningham and Woolin tests)
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xylas
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(Original post by sunny787)
David and Eugene leave the club butare still angry with what has happened so they decide to wait for Benjamin andChris outside with the aim of teaching them a lesson. As Benjamin and Chrisapproach them, Eugene pulls a flick knife from his pocket and waves it inChris’s face. Chris says “I’m not scared of you, you idiot” at which Eugenelashes out and stabs Chris in the leg, severing an artery. When in the hospital, Chris refusesstitches in his leg because the nurse is a woman and “women are completelyuseless, no woman is going to stitch me up”. He bleeds to death as a result ofthis refusal. On the way back from Jermaine’s houseFred receives a phone call from Ricky asking for some heroin and so he deliversthe heroin to Ricky’s house. Fred staysat the house for a chat whilst Ricky injects the drug. Suddenly Ricky becomesextremely ill and collapses on the floor. Realising that Ricky has over dosed,Fred panics and leaves the house without calling for medical help. Thefollowing day Ricky’s housemate discovers him dead on the living room floor. r�%�{���
Alright I'm not a lawyer but I've watched a lot of Judge Judy

So for the first problem I would suggest that Eugene is guilty of murder and this is not alleviated in any way by subsequent events i.e. refusing to be stitched up. My reasons are:
1) Eugene waited for Chris with the intention of threatening him with his knife. This is not reckless but calculated for example if someone puts a loaded gun to your head and it goes off without pulling the trigger, this does not mean that person did not attempt to kill you.
2) Eugene severing Chris's artery is the proximate cause for his death. He was dying before he went to hospital so just because attempts to save him dont succeed doesnt mean Eugene wasn't the reason why he died.

For the second problem, Fred dealt a drug which subsequently killed his client hence he is responsible for his death. However, I would argue this is not murder since there is no evidence Fred intended to kill Ricky (mens rea) however the act of providing an illegal substance means that but for Fred's actions, Ricky would not have died. Therefore Fred committed manslaughter and this is exemplified by his recklessness of not calling for help due to panic.
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