CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 words

CRIMINAL LAW - Essay ExampleRachel would win the contend if she did not move her foot. Rachel accepted the challenge. The game started and Charlie was the first to throw a natural language which hit Rachels ankle resulting in a deep break off and started bleeding. Rachel shouted at Charlie that she would get back to her, if she wasnt in much pain. Seeing what had happened, Monica shouted to Charlie wondering whether she was crazy. Monica then lamented that she could not believe that Charlie had cut Rachels foot and asked whether it was because she hated her since she used to date Ross who still loves her. These comments infuriated Charlie, who grabbed the pair of scissors lying on the table and cut a large chunk of Monicas hair. Charlie raised her hand again dimension the scissors and Monica thought that she was going to cut her again, and so she rushed out of the house. On her way out, Monica met Joey who had comprehend the commotion and had come to check what was going on. Bum ping onto Joey, Monica fell on the floor dislocation the right radiocarpal joint which she had previously injured a day earlier while playing tennis. Rachel grabbed the frying pan and time-tested to hit Charlie at the time Joey was entering the apartment. Rachel missed Charlie and instead hit Joey fracturing his nose. In this case, the facts are that, Rachel was sure of the risk and danger she was putting herself into when she agreed to take the challenge that allowed Charlie and Monica to throw knives near her foot. Charlie threw a knife that cut Rachels foot resulting in bleeding this was not intentional but an accident. As a result of infuriation, Charlie cut off a big chunk of Monicas hair, this was not an accident, and it was intentional. Monica dislocating her arm as a result of bumping onto Joey was purely an accident. Rachel hitting Joeys nose with a frying pan and fracturing it was not intentional. Based on the facts of this case, the question that arises is what criminal liabilities for the said parties in this case are. Parties Criminal Liability It is actually clear, from the facts extrapolated above the issues of Grievous corporal Harm, Accidents, and Transferred Malice in relation to injuries are significant to these parties liabilities. Neither Rachel, Joey nor Monica, did anything wrong. The injury caused to Rachel by Charlie, the deep cut in Rachels foot, is considered involuntary. The potential criminal liability that faces Charlie is the Grievous Bodily Harm statute chthonic section 18 of the 1861 Act, Offences against the Person. match the external elements of the offence-actus reus-a defendant must unlawfully cause any grievous bodily harm or wound1. The deep cut on Rachels foot caused by Charlie whitethorn constitute a grievous bodily harm or wound, under the rule found in Eisenhower, the continuity of the whole skin be cut rule2. The deep cut on Rachels foot caused by Charlie can also be explained under really beneficial bodily h arm as seen in the case DPP v Smith3, but would, however, be up to the jury. According to the mens rea4, for such a liability to accrue, there is a requirement that an act needs to be cattish and with intent. Charlie would most probably fall under section 18 of the 1861 Act, Offences against the Person, which does need intent or malice5. It may be argued that cutting someone