Jason believed that his neighbour, Ken, had been having a relationship with Jaso

Question

Jason believed that his neighbour, Ken, had been having a relationship with Jason’s girlfriend, Leandra. After drinking heavily in the local bar, Jason decided to go round to Ken’s house and “beat him up”. After closing time, Jason went to the back door of Ken’s house, forced it open, and went upstairs to look for him.

Ken, who was half-asleep upstairs, heard noises from downstairs and grabbed a baseball bat which he always kept under the bed. When Jason entered Ken’s bedroom, Ken swung the bat in Jason’s direction, but missed. Jason reacted by punching Ken in the face, breaking his nose. Now very angry, Ken swung the baseball bat again, hitting Jason on the side of the head and fracturing his skull. Jason was in hospital for several weeks, and now has frequent headaches as a result of his injury. Ken was arrested on suspicion of a serious offence against the person.

Ken was later released by the police on bail and returned home. Maria and Nick, two friends of Jason, blamed Ken for Jason’s injury and decided to take revenge for what Ken had done. Maria and Nick waited for Ken and jumped out as he was walking past. Maria pushed Ken, causing him to lose his balance. Nick hit Ken which caused a deep cut to the side of Ken’s face. Nick had previously been diagnosed with a mental illness which makes him react aggressively. Both Maria and Nick have since been arrested for the attack.

Discuss the criminal liability of Jason as he entered Ken’s house

Discuss the criminal liability of Jason as a result of him hitting Ken and breaking hisnose. Include in your answer any defence that Jason may be able to plead.

Identify and briefly explain the offence Ken may have committed as a result of each of the two actions described below

(a)    When Ken swings the baseball bat at Jason

(b)    When Ken fractures Jason’s skull.

Explanation / Answer

Q1. Criminal Liability of Jason as he entered Ken's house:

Possible case of Burglary. He can be charged with S.9 (1) (a) Theft Act 1968. There has been forced entry into Ken's house which makes him eligible for trespassing with intent to inflict gbh

Conclusion: Jason would be guilty of S.9 (1) (a) burglary.

Q2. Criminal Liability of Jason as a result of him hitting Ken and breaking his nose:

Jason can be charged with S.47 abh Offences against the person act 1861/S.20 1861 Act. He has also caused serious injury to Ken as per Sanders (gbh = serious injury).

Due to this, Jason could face up to 5 years of imprisonment.

Other charges: entered forcefully and inflicted gbh (broken nose)

Defense that Jason may plead:

Jason may plead the need to self-defense (Need to use force + reasonable force). Case example considered can be that of Martin. He needs to prove that the force used was not unreasonable and was used to protect him

Conclusion: Defense may or may not succeed.

Q3. A) There is recognition of assault. Reference to authority S.39 Act, Criminal Justice Act 1988. Jason reacted due to fear like in case of Ireland, the violence was immediate. Ken may face up to 6 months of imprisonment.

Conclusion: Clear basis to charge

B) There is recognition of gbh. There could be S.20 or S.18 Offences against the person Act 1861 like in case of Sanders. A gbh has caused skull fracture which is a serious injury. If Ken intended the fracture he may face life imprisonment and if he only intended harm, he may face 5 year imprisonment.

Conclusion: Clear basis to charge

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