PSY201 - Criminal Law - Seminar 7- Consent by Claire Turner

Article by Sam Pegg

claire43 — 2021-11-09 10:37:09 UTC

Link to Prezi - OAPA & Consent

claire43 — 2022-11-08 12:47:22 UTC

Link to R v Brown

claire43 — 2022-11-08 12:47:27 UTC

Link to R v Wilson

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Link to Emmett

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Link to Dica

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Question 2

claire43 — 2022-11-08 12:48:28 UTC

2. Suzy and Betsy were enjoying a girls’ weekend away at the seaside. Both had been through difficult break-ups and were enjoying some time together, away from their personal difficulties.

During a long and boozy lunch, they agreed to do something to remember their weekend away. Suzy decided to get a tattoo and Betsy a nose piercing. Suzy, who had drunk a significant amount of alcohol, stumbled into a tattoo parlour and asked for an image of a bulldog on her arm. The tattooist completed the tattoo. Betsy had her nose pierced but two weeks later discovered she had contracted Hep C as the piercer had used a dirty needle.

A few weeks later, Suzy and Betsy went out dancing. Whilst Suzy was chatting to Jeb, Betsy met Harry. They went home together and had sex. During sex Harry asked Betsy if he could spank her – Betsy agreed. The spanking left several bruises on Betsy’s buttocks. Meanwhile, Suzy had gone home with Jeb. After having sex, she asked Jeb to burn the bulldog tattoo off her arm and he obliged by burning Suzy’s arm with an iron.

Betsy had not told Harry that she had Hep C. Harry has now contracted Hep C.

Question 1

claire43 — 2024-11-11 15:01:33 UTC

Larry is a friend of Millie. He has in the past lent Millie money, but has never been repaid. When Millie goes to visit Larry at his flat they enter into an argument about the money. Larry pushes Millie (causing her no injury) and they continue to struggle. Larry loses his balance and bangs his head against the corner of the coffee table. He suffers a serious cut to his forehead.

Larry’s flatmate, Ken returns home and seeing Larry bleeding on the floor he picks up a heavy vase and hits Millie over the head intending to cause her serious injury. Millie suffers a fractured skull.

Just at that moment, Millie’s elderly father arrives to collect her and drive her home. At the sight of his daughter with such injuries, he experiences sudden chest pain and collapses. He requires a lengthy hospital stay on the cardiac ward to stabilise his heart function.

Consider the criminal liability, if any, arising in this scenario.

AI ‘answer’

NTU AI Guidance

claire43 — 2024-11-11 15:15:46 UTC

claire43 — 2024-11-12 11:58:15 UTC

Larry’s Actions:
- Pushing Millie: Although Larry pushed Millie, causing no injury, ~~this could still be considered an assault~~. Not an assault because force has been applied Assault does not require physical injury, just the intent or subjective recklessness to cause apprehension of immediate unlawful force. Not relevant as no assault, just battery

Our answer

Battery - application of unlawful force (Fagan). MR - Intention or subjective recklessness (Venna)

claire43 — 2024-11-12 11:59:30 UTC

Ken’s Actions:
Our answer:
Degree - GBH- Really Serious Harm (DPP v Smith)
CPS Charging Standards - significant or sustained medical treatment (for instance, intensive care or a blood transfusion) may indicate GBH injuries even if a full or relatively full recovery follows

MR - distinguish between s20 and s18. Intention? - ' intending to cause her serious injury' so it would - direct intention defined Mohan - aim or purpose).
- Hitting Millie with a Vase: Ken’s action of hitting Millie with a vase, intending to cause serious injury, constitutes a serious offense. This could be classified as:
  - ~~Assault Occasioning Actual Bodily Harm (ABH)~~~~: Under Section 47 of the Offences Against the Person Act 1861, causing harm with intent.~~
  - Grievous Bodily Harm (GBH): Under Section 20 or Section 18 of the same Act, depending on whether the intent to cause serious injury can be proven. Section 18 is more severe as it involves specific intent to cause serious harm. - no definitions or application to the facts.

claire43 — 2024-11-12 12:00:14 UTC

Millie’s Father’s Condition:

Our Answer:

GBH - Really Serious harm (DPP v Smith). Elderly - Thin Skull Rule (Blaue) (Bollom)
Intention? - transferred malice - AR and MR present. s18
Defence - causation - factual (White) - But for. Legal - de minimis (Pagett) Operating and substantial cause of the heart attack (Smith).
- Resulting Heart Attack: The heart attack suffered by Millie’s father could potentially be linked to the shock of seeing his daughter injured. However, establishing criminal liability for this would be complex. It would require proving that the shock was a direct and foreseeable result of Ken’s actions, which might be challenging.

claire43 — 2024-11-12 12:01:12 UTC

In summary:

Larry could be liable for assault.
Ken could be liable for ABH or GBH, depending on the level of intent proven.
Millie’s father’s condition might not result in direct criminal liability for Ken unless a direct causal link can be established.

Larry's injury - Millie

claire43 — 2024-11-12 12:13:53 UTC

Struggle Leading to Injury: Larry’s injury from the struggle (banging his head) is ~~self-inflicted~~ and does not result in criminal liability for Millie unless it can be proven that she acted with intent or recklessness to cause such harm. - no cases/reference to statue/no application to the facts.

Our answer - s20 - Wound or inflict any grievous bodily harm

Wound? - Moriarty, Eisenhower

Inflict? means causal link. Causation established? But for - Factual (White)

Legal - Operating and substantial cause? Defence will argue that he lost his balance due to his own actions (Roberts - break in the chain of causation)

Prosecution - struggling was due to her and so reasonable he would lose his balance.

MR - Maliciously - Intention or subjective recklessness (Savage & Parmenter).

She didn't intend to push him, but was reckless as it was a risk he would suffer harm from the struggle.

Suzy's tattoo when drunk

claire43 — 2024-11-12 12:51:00 UTC

ABH - Assault occasioning ABH

Assault? - battery

Occasioning - caused

ABH- Miller - interferes with health or comfort of the victim

Consent