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Question: Andrew is at a restaurant with his partner Billy. Carla the waiter spills soup over Billy. Andrew is furious and tries to slap Carla, but Carla steps back out of the way. As Carla steps back, Billy trips her up, and Carla falls to the floor, hitting her head hard on the table as she falls down. While Carla is lying on the floor, Andrew kicks her, breaking her ribs and causing internal injury. Andrew and Billy then walk away. It is five minutes before Carla is found by another waiter. An ambulance is called, but by the time it arrives, Carla is dead.

Advise Andrew and Billy.

Answer: Carla: Spilling soup upon someone could be considered as battery. This is defined in s39 of the Criminal Justice Act 1988 as intentionally or recklessly inflicting unlawful personal violence upon the victim. There is no minimum amount of touching needed to qualify for battery. Collins v Wilcock stated that for battery the slightest of touching would suffice. The case of Thomas stated that this contact need not be hostile or rude or aggressive. By being in a restaurant, it is to be expected that things are going to be spilled. The case of Re F states that if it is contact within everyday life, there is no battery. Therefore, I would suggest that C was not guilty of battery, to in any way warrant the subsequent reactions of A and B. Andrew: Andrew could be guilty of murdering C. M......(short extract)

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Details: - Mark: 78% | Course: Criminal Law | Year: 1st | Words: 1223 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1040

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