Criminal - Seminar 13 -Intox - Morgan by Claire Turner

Morgan had recently split up from his boyfriend, Jack. Jack had moved out of the flat that they shared together. Since Jack had left, Morgan had been finding life very difficult and had taken to drinking a bottle of vodka every night, just to get through the evening.

claire43 — 2024-01-16 09:36:08 UTC

Three weeks later, Morgan was out drinking heavily in a club when he saw Jack kissing another man, Dave. Desperately sad about what he had seen, and by that point extremely intoxicated, Morgan approached the couple and started shouting in Dave’s face, ‘fronting’ close up to him.

Jack had not been drinking that evening. He had been very feeling very guilty about how much Morgan was struggling with the split and was feeling slightly uncertain about his new relationship. He knew from experience that, when he wasn’t feeling good about things, alcohol caused his emotions to become heightened, so he had been drinking soft drinks all evening. Dave was disappointed that Jack wasn’t drinking so, in order that Jack relax a little, Dave spiked his lemonade with a triple vodka.

Jack started to feel very emotional about the past and noticed that Morgan was sitting alone. Jack went over to him and, although Morgan tried to move away, hugged him tightly. Afterwards, he said he’d ‘just wanted to touch him’.

Needing a break from Morgan and Jack’s troubles, Dave stayed in the club and continued drinking with some other friends. After having drunk a significant amount, Dave got into an argument with Scott and punched him in the face, Scott fell and split his skull open on a table.

Dave then left with his group of friends, stealing a bottle of gin from behind the bar as he made his way out.

Examine what, if any, liability arises here.

Link to Prezi

claire43 — 2024-01-16 14:40:15 UTC

Issue 4 - Dave - theft - bottle gin

claire43 — 2024-01-16 15:38:58 UTC

Issue 1 - Morgan shouting at Dave - Assault

claire43 — 2024-01-18 12:37:09 UTC

Fagan definition

Apply to question - fronting close up to him - suggests recklessly would cause the victim to apprehend the application of force. (Venna)

Intoxication - basic or specific intent crime? Assault is BI - Majewski - quote case.

Issue 2 - Battery - Jack defendant

claire43 — 2024-01-18 12:39:06 UTC

Definition battery - application of unlawful force. MR - Intention or subj recklessness (Venna). Hug unlawful force? - Collins v Wilcock - conduct generally acceptable in everyday life. Ex-partners, pulled away.

Intoxication - involuntary. Had MR - 'Just wanted to touch him' Kingston.

Issue 3 - s18

claire43 — 2024-01-18 12:40:58 UTC

Intention to cause gbh.

GBH - DPP v Smith - really serious harm; CPS Charging Standard

Causation - factual and legal

Intoxication - voluntary - SI/BI - as it is SI - have formed MR. If no MR - s20