Spectator N0 2680 : "Two Of A...
Crosswords0 min ago
Would be glad if i could get an answer for this question.
15 Answers
Etienne, a Frenchman was at a local disco in England and had been drinking heavily. He asked Flo is she would dance with him. Flo said "no" and then, as Etienne turned to go , he staggered against her, pushing her over.
Flo's brother saw what happened, rushed over and punched Etienne on the nose shouting, "get out of the country you bloody foreigner !" Etienne's friend Thierry was upset by Stanley's comment and said we are all member of Eu now." This further incensed Stanley, who threw a heavy ashtray at Thierry but it missed him. By this time, the police had arrived and when PC Bill told Stanley he was under arrest, Stanley pushed him out of the way in an attempt to run away. The force knocked PC Bill over and he cracked his head against a table, fracturing his skull.
Discuss the possible criminal liability of Etienne and Stanley.
Flo's brother saw what happened, rushed over and punched Etienne on the nose shouting, "get out of the country you bloody foreigner !" Etienne's friend Thierry was upset by Stanley's comment and said we are all member of Eu now." This further incensed Stanley, who threw a heavy ashtray at Thierry but it missed him. By this time, the police had arrived and when PC Bill told Stanley he was under arrest, Stanley pushed him out of the way in an attempt to run away. The force knocked PC Bill over and he cracked his head against a table, fracturing his skull.
Discuss the possible criminal liability of Etienne and Stanley.
Answers
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14:53 Thu 26th Jul 2012
The one thing I can glean from this is that the homework question needs to be updated. Flo and Stanley in a local disco with a Frenchman sounds like something from the 1960's.
As for the answer, my view would be -
Flo's brother Stanley charged with two counts of ABH, one count of racially aggravated assault and one count of GBH on a Police Officer.
As for the answer, my view would be -
Flo's brother Stanley charged with two counts of ABH, one count of racially aggravated assault and one count of GBH on a Police Officer.
Nobody died so no murder offences need to be considered.
Provocation is not a defence to non-fatal offences. Stanley may have been ‘incensed’ but he did not kill anybody and provocation is only relevant when a person has been charged with murder.
No offence contrary to the Sexual Offences Act is committed when, at the ‘local disco’ a man merely asks a woman if she will dance with him. It is certainly not attempted rape.
Similarly if a man staggers drunkenly against a woman it is not an offence contrary to the Sexual Offences Act 2003. In addition, note the following: When Stanley punched Etienne’s nose and threw the ashtray at Thierry it could be regarded as ‘racial aggravation’.
Stanley pushing PC Bill would be regarded as ‘maliciously causing grievous bodily harm with intent to resist arrest’.
The final decision is yours.
Provocation is not a defence to non-fatal offences. Stanley may have been ‘incensed’ but he did not kill anybody and provocation is only relevant when a person has been charged with murder.
No offence contrary to the Sexual Offences Act is committed when, at the ‘local disco’ a man merely asks a woman if she will dance with him. It is certainly not attempted rape.
Similarly if a man staggers drunkenly against a woman it is not an offence contrary to the Sexual Offences Act 2003. In addition, note the following: When Stanley punched Etienne’s nose and threw the ashtray at Thierry it could be regarded as ‘racial aggravation’.
Stanley pushing PC Bill would be regarded as ‘maliciously causing grievous bodily harm with intent to resist arrest’.
The final decision is yours.
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