June 2012 Question 4
Discuss the criminal liability of Jameela and of Leah arising out of the incidents in the town. First of all there is a battery with the initial contact that Jameela has on Ken. The AR of battery is “infliction of unlawful violence”. Battery is defined as being the slightest touch without permission as in the case of Cole v Turner, the knocking in to Ken is this touch without his permission. When she knocked into Ken this led to him to fall. This is an ABH as this battery led to further damage with Ken falling down. The AR of ABH is “common assault occasioning in actual bodily harm”. Miller defines this as “any hurt or injury calculated to interfere with the health or comfort of the v”, in which the falling down would cause Ken to experience some discomfort with falling to the ground. However this fall resulted in Ken breaking his hip. This is a GBH S20 as this break would have caused him to go to hospital. The AR of GBH S20 is “causing wound or GBH”. There isn’t a wound and therefore there is only grievous bodily harm. The case of Smith defines grievous as meaning really serious harm which includes broken bones. The case of Bollom states that the seriousness of the harm scales with the age of the victim, as Ken in this scenario is elderly man the seriousness of the fall was serious as his body is weaker and therefore there is more damage that is done, affecting the graveness of the injury. Therefore the AR of GBH S20 has been established. Then there is the liability of the heart attack the Ken’s wife (Iris) suffered when he got knocked down. Again this is a GBH S20 and the AR is stated above. It is a GBH S20 as the harm that was caused was serious as it caused Iris many weeks to recover. Again the case of Bollom help as the age of Iris comes in to play when affecting the seriousness. There isn’t any causation issues as the chain isn’t broken as the thin skull rules that defects that weren’t known to he D, Haystead doesn’t break the chain...
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