4 0 obj He uses a marker pen and writes the message, ‘Boycott Traders Failing to Support Fair Trade’ on the front window of Slim’s Cafe. You’re a right idiot!’. Do you have a 2:1 degree or higher? x�bbRd`b``Ń3� ���H` �l The actus reus of an attempt requires something more than merely preparatory to have been done. This position, often described as indirect intent, arises where the ultimate consequence is the virtually certain outcome of the defendant’s actions. [26] It is suggested that being punched would almost certainly have that effect, thus rendering Andrew liable for that offence. It seems however on these facts, that whilst this may be a possibility, such a defence would be difficult to sustain and Andrew will liable for criminal damage. At this point, Olly steps between Nichola and Andrew. Nichola tries to avoid it but lands on the dog, breaking its leg. This is because Olly may be able to hold that he was justified in using force. Annoyed at the general indifference to their protest, Andrew decides that he needs to attract some attention to the protest. [30], The final issue in this scenario relates to Pete’s apprehending of Andrew. & ... the sphere of public law, and criminal law in particular. support such a conclusion, e.g. %%EOF 304 0 obj <> endobj [3] It can be seen that the position is a difficult one, in that when filling the cartons with petrol Toby was certainly preparing to commit the crime, but it may be that once he took the cartons to the coffee shop, his acts became more than merely preparatory,[4] but it could also be found that this was itself only preparatory. stream Following Olly’s actions, there can be little doubt that, based on the discussion above, Andrew could be held liable for attempting to commit a battery on Olly and probably could be held liable for attempting a more serious assault under the provisions of the Offences Against the Person Act 1861. Course. Loveless: Complete Criminal Law: Text, Cases, and Materials 5e Guidance on answering the problem questions. The issue in this context, once again, falls to the mens rea of this offence. %PDF-1.4 %���� 0 In this circumstance, it seems clear that Olly’s actions in grabbing Andrew’s arm were clearly to prevent him from hitting Nichola and that he was therefore acting in self-defence, even though he was defending Nichola. 0000001124 00000 n To export a reference to this article please select a referencing stye below: If you are the original writer of this problem question and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! [10] Despite this, it is clear that damage need not be permanent in order to satisfy the Act[11] and indeed, in Hardman v Chief Constable of Avon and Somerset[12], it was held that drawing on pavements with water soluble crayons was still capable of constituting criminal damage. ~���x�uv��F��� � ̻�-�����st�unc���u��l+�)F6�{�Ż �$J�p�X�F%p,ϩ\ͬ�k~#�X�@��#����I���xϷ��w���������Ͻ ����O���G�fRn�L���6� Ը�j.�x�?l\�\/\n,��S�(�y��ѸmUe���f=�b��N��� ؛V{� #�e�g�ώ�JG@��n/�b��R�QJP.�ԍ=4C�m�Z��Te�̂I ^z�@ �x��Z ]�f߹B��b��� ��b�BiKT5n"����>����U�K��M�O�q�xĜX283�pN-8աħ�F5��P%�p�� s�96�� ����se���������P�a�)��V�P��~�ys)���*�t��*��c��c{�T�՞LKa��[f���o It is also clear in this context, that when Andrew shattered the glass on the bus shelter, he was damaging property that belonged to another and thus satisfied the actus reus of criminal damage. P,��x��t� I��$�����:]Pua��#�Ä��pA>���[���!o.�`�e�>��K�Ν 7� 2935 words (12 pages) Problem Question Example, 18th Jun 2019 325 0 obj <>stream Model Exam (Criminal Law) IRAC method of exam technique Issues – Outline the issues that you are going to discuss Rules – Define the legal rules that are relevant to the question Application – Apply the legal rules to the facts of the question (this is the hard part!) startxref The cut is bleeding and requires several stitches. [22] There are two interlinked possibilities in this respect.
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