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A Level Law (Criminal) Assignment 15 - Non-Fatal Offences

Task

You will be set one of the following questions:

 

1. One evening, whilst walking home, Imran sees two men running along the pavement towards him. Imran mistakenly believes that the second man is chasing the first man in order to attack him. In fact, the first man has just escaped from police custody, having been arrested for robbery. He is being lawfully pursued by the second man who is a plain-clothes police officer. As the police officer goes past, Imran trips the officer, who falls heavily to the ground, and then Imran jumps on him. The officer sustains a broken arm and cuts and bruises to his face from the fall and the attack.

Advise Imran as to his criminal liability. (Candidates should not discuss offences of obstructing police officers in the execution of their duty.)

What difference would it make to your answer if, earlier that evening, Imran had been drinking heavily and was intoxicated at the time of the attack?

(June 2001)

or

2. Explain why the courts have sometimes accepted that consent is a good defence for someone accused of an offence against the person whilst on other occasions the defence is said to be unavailable.

Consider whether the current law is satisfactory in this context.

(June 2000)

or

3. Lucy plays for the Barchester Belles hockey team. She had been looking forward to a crucial league game against their main rivals and, in order to improve her performance, she took an illegal drug two hours before the start of the match. This caused a reaction with other medication she had been taking and made her dizzy and confused. The referee, Wilf, entered the changing room and asked to inspect the studs in her boots. In her confused state, Lucy thought he was attacking her and she lashed out at him with her hockey stick. Instead of hitting Wilf, she struck a fellow team member, Gemma, in the face, causing her mouth to bleed and breaking her glasses.

 

Analyse the criminal liability, if any, of Lucy.

(June 1999)

or

4. To what extent is consent an effective defence to a charge of assault?

(June 1997)

or

5. Roger, while playing football, receives concussion following an accidental clash of heads with another player. Roger has to leave the game and, whilst walking back to the dressing room in an impaired state of consciousness, strikes Steve, the opposing team's manager, in the face, causing a severe fracture of the jaw. Steve is taken to hospital, while Roger is treated by the club doctor. He tells Roger that the concussion will pass in a day or two but, meanwhile, he should refrain from drinking alcohol of any sort as this will greatly increase the risk of erratic behaviour.

Later that evening, Roger visits his local pub and consumes four pints of beer and two small whiskies. He becomes confused and aggressive and throws his glass at the wall causing it to shatter. When Harry the barman tries to calm him down, Roger punches him in the mouth causing minor bruising.

 

Consider Roger's criminal liability.

(June 1996)

or

6. Kevin plays professional football for Norcastle United. During the course of a cup match against Moanchester United, Kevin and an opponent, Lee, both jump up in an effort to head the ball. Lee's arm strikes Kevin in the face causing Kevin to suffer a split lip.

In the final minute of the game, Kevin has possession of the ball and runs skilfully past Lee towards the goal. Lee is outraged and chases after Kevin. Several seconds after Kevin passes the ball to one of his team-mates, Lee jumps into the air and brings his foot down on Kevin's knee causing a severe fracture. The incident was not seen by the referee.

At the end of the match, fans rush on to the pitch celebrating a Norcastle United victory. Lee, acting in the mistaken belief that the fans intend to attack him, strikes one fan, Mike, on the jaw. Mike suffers minor bruising.

Consider Lee's criminal liability for the injuries caused to Kevin and Mike.

(June 1995)

or

7. Denis plays soccer for Boychester United, who are playing in the Cup Final. A newspaper offers £10,000 to the scorer of the winning goal.

During the game Denis deliberately drives a free kick into the midriff of an opponent, Barry, hoping to put that player off his game. Barry is winded, and suffers discomfort for the next twenty-four hours. Later, with the scores level, Denis fools the referee into believing he has been fouled in the penalty area. The referee awards a penalty, from which Denis scores the winning goal. Later he collects the prize money.

Discuss the criminal liability, if any, of Denis. Would your answer differ if Barry had suffered serious injury?

(June 1991)

 

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