Chapter 4 Scenario questions

. Aminah has come to see you for legal advice. The offence with which she has been charged is one which, in your opinion, contains some strict liability elements.
Can you safely presume that this offence is one of strict liability?

Yes – the inclusion of strict liability makes the position clear.

No – it is necessary to check the legislation and precedent.

Yes – because there are some strict liability elements present.

No – the court will have to decide.

. Dermot is accused of committing ABH against Kevin.
Dermot explains to you that he was actually trying to break a vase, but missed, and hit Kevin in error.
Will the doctrine of transferred malice apply?

No - because Dermot did not mean to do any harm.

Yes - because Dermot missed the vase, but still hurt Kevin.

No - because, unlike a vase, Kevin is not a piece of property.

Yes - because Dermot had criminal intent.

. Rita was arguing with David, and threw a brick at him, intending to seriously harm him. The brick knocked David unconscious, and he fell to the ground. Mistakenly believing him to be dead, Rita dragged David indoors. During this, David's head hit the doorstep, and this impact caused his death.
What would your advice be as to a murder charge, on the facts?

That a murder charge is unlikely, due to lack of mens rea.

That a murder charge is possible, but could not be made out.

That a murder charge is unlikely, due to lack of contemporaneity.

That a murder charge is possible, and could be made out.

. Guylin works on a construction (building) site, and put left a heavy iron bar in a dangerous position, from where it could easily have fallen.
He went for his lunch break, knowing that the bar was in a dangerous position, and aware that Sarah would be undertaking a site visit there during his lunch break. Sarah was hit by the falling bar and died.
What would your advice be on manslaughter, on these facts?

Guylin could be charged, because of omissions liability.

Guylin could not be charged, because it was an accident.

Guylin could be charged, because he has been careless.

Guylin could not be charged, because of a lack of coincidence.

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