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Question: Rita is a diabetic. One morning, on the way to work, she is raped by John. Despite being traumatised by the rape she makes her way to work. A little later, while sitting at her desk, she succumbs to hyperglycaemia, having forgotten to take her insulin due to the trauma of the rape. She becomes very confused. Moeen, a male colleague, notices that Rita is looking unwell. He goes over to her, puts his hand on her shoulder and asks her if she is all right. Rita, in her confusion, thinks Moeen intends to rape her and so punches him in the groin.

David sees this happening and, assuming wrongly that Moeen was harassing Rita tells Moeen ‘to pick on somebody your own size and gender’. An argument starts and they agree to ‘settle things’ in the boxing ring in the work’s gym. They fight together one evening and each suffers cuts and bruises.

Discuss.


Criminal Law (68%) - Offences Against the Person Problem Essay (1st year LLB)

Answer: Introduction In the incidents outlined in the question, each person acts in contravention of the Offences Against the Person Act 1861 (OAPA 1861) . I will examine the criminal liability of Rita, Moeen and David, and explore the defences that may be open to them. Liability of Rita The first issue to ensue is that of Rita punching Moeen in the groin. Consequently, the most serious offence that Rita may be liable for is the statutory offence of actual bodily harm (ABH). The definition is provided in s47 of the OAPA, which states that the actus reus includes a common assault , actual bodily harm and a causal link ; with the requisite mens rea being intention or recklessness. Lynskey J in Miller defined ABH as any ‘hurt or injury calculated to interfere with the health or comfort of ......(short extract)

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Details: - Mark: 68% | Course: Criminal Law | Year: 1st | Words: 2199 | References: No | Date written: February, 2017 | Date submitted: March 27, 2017 | Coursework ID: 1009

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