17.08.2019-275 views -Law- Paper 2- Practice
Practise test questions
Joe believed that Bhu, a fellow scholar, had stolen his cellphone. Alan observed Bhu for college, went up to her and explained, " We sort out robbers like you. ” As Bhu hurried aside in a stress, Alan's friend, Carol, sprayed Bhu with red paint. A small amount of paint went into Bhu's eyes. The lady was taken to hospital where her sight were cured to remove the paint. While she gone home, and just before her sight was fully recovered, she tripped up a kerb and fractured her skull.
Refer to the circumstance when addressing the remaining concerns in this section. 1 . Go over Alan's felony liability intended for his statement to Bhu, " All of us sort out thieves like you. ” (7 marks)
I think that Alan can be trialled pertaining to assault under s. 47 of the Accidents Against the Person Act 1861. This criminal offenses cannot be battery pack as zero force continues to be used, neither can it be GBH or ABH as not any wounding or perhaps injury continues to be caused. Invasion offences can be done by: peace and quiet alone- because shown in the matter of R v Ireland; since written words- shown in the matter of R versus Constanca; Psychological- as showed in Smith v Main superintendent of Working Law enforcement officials Station; and in many cases by bringing up your closed fist at someone in a frightening way- since shown in Stevens sixth is v Myers. The actus reus of attack is virtually any act that causes the patient to apprehend an immediate imposition of unlawful violence. It is not necessary for physical contact to happen between the patient and the defendant. By expressing ‘we deal with thieves just like you' Joe has dedicated the actus reus of assault, while the defendant went up to the victim and threatened him while standing in front of him. This may have finished with immediate physical violence towards the patient. Also, Bhu ‘hurried aside in panic' which tells us that he took the threats critically. The guys rea of the act is a intention or perhaps recklessness concerning either putting the patient in fear of unlawful push or applying unlawful push such as in the case of Savage (1991). Alan's action was deliberate as shown by...