Criminal Seminar 16 - Intox - SW201 by Claire Turner https://padlet.com/claire43/lri980e4nfh6 en-us 2019-01-15 13:39:15 UTC 2025-04-24 08:21:03 UTC hello@padlet.com 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.Three weeks later, Morgan was out drinking heavily in a club when he saw his ex-boyfriend, 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 past 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 wearing a scarf Jack had bought him the previous Christmas. When Morgan wasn’t looking, Jack walked over and took the scarf. Afterwards, he said he’d wanted something of Morgan’s and admitted taking the scarf but said he couldn’t understand why he’d acted as he had – he would never usually do something like that because he thinks that stealing is wrong.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 over the next hour or so, 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.Consider the criminal liability, if any, of Morgan, Jack and Dave claire43 https://padlet.com/claire43/lri980e4nfh6/wish/1182181528 2021-02-09 14:05:36 UTC https://padlet.com/claire43/lri980e4nfh6/wish/1182181528 claire43 https://padlet.com/claire43/lri980e4nfh6/wish/2035693255 2022-02-08 15:07:30 UTC https://padlet.com/claire43/lri980e4nfh6/wish/2035693255 Morgan shouting - assault claire43 https://padlet.com/claire43/lri980e4nfh6/wish/2035790146 Definition - Fagan
Words alone - assault (Ireland)
Apprehension - Lamb - expectation violence. Depends on what he said - was it pure abuse or was there the threat of violence. 
MR - Venna

Intoxication? - basic intent therefore guilty - Majewski.

]]> 2022-02-08 15:41:05 UTC https://padlet.com/claire43/lri980e4nfh6/wish/2035790146 Jack stealing scarf - theft claire43 https://padlet.com/claire43/lri980e4nfh6/wish/2035790658 Theft - see seminar
Theft - specific intent - drink spiked
Prosecution will need to established he still formed the intention ie the intention to permanently deprive the property. - evidence ' When Morgan wasn’t looking,' and 'he said he’d wanted something of Morgan’s'. Irrelevant that his drink was spiked (Kingston)

]]> 2022-02-08 15:41:16 UTC https://padlet.com/claire43/lri980e4nfh6/wish/2035790658 Dave knocks over Scott - s20/s18 claire43 https://padlet.com/claire43/lri980e4nfh6/wish/2035793700 GBH - Really serious harm (DPPv Smith; Saunders). Wound - Eisenhower, Moriarty. 
Intention - oblique? - Woollin - foresight of virtual certainty of death or serious injury. 

If found guilty of s18 and didn't form MR - acquitted but jury would consider s20

Definition - maliciously inflicting gbh. Indirect? Ireland - inflict and cause are interchangeable. 

Intoxication - basic intent s20 - gulilty (Majewski)]]> 2022-02-08 15:42:18 UTC https://padlet.com/claire43/lri980e4nfh6/wish/2035793700 Stealing a bottle of gin claire43 https://padlet.com/claire43/lri980e4nfh6/wish/2035794280 2022-02-08 15:42:31 UTC https://padlet.com/claire43/lri980e4nfh6/wish/2035794280