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’

1. Larry’s Actions: Larry pushes Millie (causing her no injury)

   Our answer:

   Battery - Unlawful application of force (Fagan).

   MR - intention or subjective reckless

   Application - aim or purpose to apply force (direct intention - Mohan)

   Push beyond what would be expected in everyday life (Collins v Wilock; F v West Berkshire)

   
   

   • Pushing Millie: Although Larry pushed Millie, causing no injury, this could still be considered an assault. Not an assault because force was actually applied. Assault does not require physical injury, just the intent/subjective recklessness to cause apprehension of immediate unlawful force. No caselaw, no application

     
     

     Cut to the forehead - defendant - Millie

     GBH - Wound - Eisenhower. CPS Charging standards - life changing injury as it could scar the face?

     
     

   • s20 - wound or inflict GBH

     
     

     Inflict? - Ireland - cause and inflict mean the same thing.

     
     

     Causation - Factual - But for (White)

     Legal - Causal link - Smith - operating and substantial cause

   • Defence - he shouldn't have struggled - Roberts - 'daft' and unreasonable response. break in the chain of causation?

     
     

     MR - s20 - Maliciously - Savage & Parmenter - intention or subj recklessness

     
     

     Application - reckless to struggle with someone. Unjustified risk taking.

     
     

     Conclusion ?

     
     

     If not accepted by the jury GBH - s47. Same as per above in relation causation. There is a battery. ABH? Miller.

     
     

     • 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. Foresight of some harm required for s20 (Mowatt) S47 - Savage & Parmenter - no need to foresee the harm, only the battery.

       
       

2. Ken’s Actions:

   
   

   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.

   
   

   Our answer

   
   

   GBH? - Really serious harm (DPP v Smith). CPS - needing substantial and sustained medical treatment.

   s18 - Intended to cause serious harm - direct intention (Mohan) as his aim/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.

3. Millie’s Father’s Condition:

   • Resulting Heart Attack:

     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.

     
     

     Our answer

     
     

     
     

     GBH? - heart attack - really serious harm. CPS - told 'lengthy hospital stay'.

     s20 - causation

     Factual But for (White) - expert evidence, Shock led to the heart attack.

     Legal - causal link - Contributes to the heart attack (Pagett); Kimsey - more than slight or trifling link.

     Thin skull rule - Blaue. Bollom.

     
     

     MR = Transferred malice?

     Reckless? Risk that her father would suffer some harm as a result hitting her over the head (Mowatt).

     
     

     AI:

     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.

     
     

AI conclusion:

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.

Consent - Can't consent to ABH or above unless

1) Lawful exceptions - tattoo? Drunk is valid consent. Defence - 'decided'

Hep C - GBH - really serious harm (Smith)

Biological injury - Brown, Dica, Golding

No knowledge of dirty needle.

Slingbsy

MR s20 - recklessly causing GBH

Negligence? Civil?

Knew dirty needle

Buttocks - ABH

Consent - Brown Defence - Wilson = not married not in a stable relationship unlikely.