Monty, Joe, Carol and Jim and Allan are allotment holders in Aberdeen. They are very enthusiastic gardeners and also play in mixed hockey team.

Criminal Law Course Law 2.

 

Monty, Joe, Carol and Jim and Allan are allotment holders in Aberdeen. They are very enthusiastic gardeners and also play in mixed hockey team.

Jim and Monty often compete against one another at local horticultural shows. Relations between two of them have deteriorated in recent months since Jim accused Monty of interfering with the growing of his prize vegetables. One day Jim discloses that his prize cabbages have been demolished by snails which appear to have been transported to Jim’s allotment in a huge bucket. Jim goes over to Monty’s allotment and confronts him about damage done. Monty denies all knowledge and suspects he is in fact the superior gardener. The argument escalates and Monty challenges Jim to come and sort things out ‘once for all’ beside the tool shed. They exchange some blows before Monty begins to overcome Jim. Jim regroups and strikes Monty on the side of the head, knocking him over the ground. The allotment holder comes to see what has happened. In order to stop Jim, Alan trips him up with his hoe and then restraints Jim on the ground by sitting on his back and twisting his arm up his back. Alan tells Jim he is making a citizen’s arrest.

Carol becomes very upset when she sees the incident and starts to scream that Alan has killed him. Joe tells Carol to be quiet, but, she will not listen and he slaps her on the face as he has heard that is an effective way of calming down hysterical women. Jim, Alan, Joe are arrested for assault.

 

Two months later Jim, Carol and Alan are playing hockey in one team, and Joe and Monty in the other in a local league fixture. It is tightly fought game at one stage Monty is chasing down a ball. He collides with Carol and knocks down to ground. In his enthusiasm, Monty runs over her. Although Carol is shaken and bruised. She manages to play on. Joe is marking her as his opponent in the game and taunts her about her out burst at the allotment. Carol becomes increasingly annoying at him and in the course of the tackle she pushes him over and whacks him on the shins and knees with her hockey stick away. It flies through the air and hits Alan on the side of the face. He suffers a fractured cheek bones as a result. The match descends into chaos and the police are called. Carol and Monty are arrested for assault. The police tell her that they are making further inquiries into the cause of Alan’s injury.

 

With reference to the case law and other relevant authority explain the actus reus and mens rea of the defences to assault and any other crime that Carol might be charged with for causing injury to Alan (30%)

And

Apply the law to explain whether Jim, Alan, Joe, carol and Monty would be found guilty or not guilty giving reasons for your findings. (70%).

 Maximum words (+10% = 1980 maximum).