Hi, i need help in this criminal law question which is problem based. It would be helpful to get some pointers on how i can go about answering this.
1. Able is staying at a hostel while on a university geography field trip. He arrives in his dormitory to find Bill sitting on the top bunk bed. Able says to Bill, ‘if you do not get out of my bed immediately, I will punch your lights out’. Bill laughs and quickly moves to the bottom bunk. Billy doesn't care where he sleeps anyway.
2. Able puts on some music and starts jumping up and down on the top bunk bed, even though Bill is lying down on the bottom bunk. Bill tells Able to stop jumping on the old bunk beds but Able continues jumping and says ‘sure the University will pick up the cost of anything I break’. At that moment there is a loud crack and the heavy wooden bed frame crashes onto the bottom bunk. Bill manages to leap off the bed just before the bed frame collapses. Bill is shaken but unhurt.
3. Bill is so angry that Able nearly crushed him with the wooden bed frame that he picks up Able's laptop and throws it out of the open ground floor window. Able is always telling Bill to ‘stick up for himself’ and Bill thinks that Able understand that this makes them ‘even’. Although the screen is cracked, Able is able to turn the computer on and access all of his files.
4. Able is incensed that his new computer now has a cracked screen and pushes Bill hard in the chest. Bill loses his balance and falls out of the open ground floor window. Bill breaks his back in the fall and will never walk again.
5. Charles, the University tutor, who has been drinking beer, comes into the dormitory and pulls Able off the bed he is sitting on, demanding to know what happened. Able lands awkwardly on his ankle which remains badly swollen and painful for Able to walk on for a week.
Advise the parties on the criminal liability and any defences that may apply. Use decided cases and relevant legislation to support your answer.
I’m not sure if there is criminal liability in 1. for Able threatening Bill to punch him as Bill just laughs in response. Therefore, there is no indication of him apprehending harm. Can someone please confirm whether this is correct?
2. I think that it is Criminal Property Damage
3. Criminal Property Damage
4. Grievous Bodily Harm
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Criminal law scenario question help watch
- Thread Starter
- 03-11-2016 21:39