8 Part Test on Criminal Liability
Criminal Law and Criminal Procedure
Course Assignment 23 November 2012 Guidance Note
Q.1.
Chan Faat has an argument with his father during dinner. They are both drinking beer. Chan Faat drinks about six bottles of beer during dinner. They start arguing about a recent football match which they had been watching.
Chan Faat becomes very angry and hits his father on the head with his beer glass. The glass breaks and cuts the father above the left eye causing slight bleeding.
Chan’s father goes to the kitchen to get a towel and to dry up the blood. Chan Faat continues to drink beer and starts to watch football on the television.
About two hours later whilst they are both watching television Chan Faat goes over to the father and says, “Here’s another one for you.” He then punches the father in the face causing a red mark.
The police are called and Chan Faat is arrested.
Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks)
ANSWER GUIDE
A.1.
Nobody has died, so do not discuss ‘fatal offences against the person’.
Discuss only the ‘non-fatal offences against the person’.
Chan Faat may be guilty of both Wounding with intent contrary to s. 17 Offences Against the Person Ordinance, Cap. 212 in respect of the first attack on father and also Assault Occasioning Actual Bodily Harm contrary to Common Law and punishable under s. 39 of that Ordinance., in respect of the second attack.
Discuss the 8-part test in respect of each offence: 1) actus reus; 2) mens rea; 3) Co-existence of 1) and 2) 4) Voluntary acts 5) Factual Causation 6) Legal Causation 7) Any novus causus interveniens 8) Absence of a lawful defence
The Two Offences
s. 17 Cap. 212
Any person who-
(a) unlawfully and maliciously, by any means whatsoever, wounds or causes any grievous bodily harm to any person; or
(b) shoots at any person; or
(c) by drawing a trigger or in any other manner, attempts to discharge
Course Assignment 23 November 2012 Guidance Note
Q.1.
Chan Faat has an argument with his father during dinner. They are both drinking beer. Chan Faat drinks about six bottles of beer during dinner. They start arguing about a recent football match which they had been watching.
Chan Faat becomes very angry and hits his father on the head with his beer glass. The glass breaks and cuts the father above the left eye causing slight bleeding.
Chan’s father goes to the kitchen to get a towel and to dry up the blood. Chan Faat continues to drink beer and starts to watch football on the television.
About two hours later whilst they are both watching television Chan Faat goes over to the father and says, “Here’s another one for you.” He then punches the father in the face causing a red mark.
The police are called and Chan Faat is arrested.
Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks)
ANSWER GUIDE
A.1.
Nobody has died, so do not discuss ‘fatal offences against the person’.
Discuss only the ‘non-fatal offences against the person’.
Chan Faat may be guilty of both Wounding with intent contrary to s. 17 Offences Against the Person Ordinance, Cap. 212 in respect of the first attack on father and also Assault Occasioning Actual Bodily Harm contrary to Common Law and punishable under s. 39 of that Ordinance., in respect of the second attack.
Discuss the 8-part test in respect of each offence: 1) actus reus; 2) mens rea; 3) Co-existence of 1) and 2) 4) Voluntary acts 5) Factual Causation 6) Legal Causation 7) Any novus causus interveniens 8) Absence of a lawful defence
The Two Offences
s. 17 Cap. 212
Any person who-
(a) unlawfully and maliciously, by any means whatsoever, wounds or causes any grievous bodily harm to any person; or
(b) shoots at any person; or
(c) by drawing a trigger or in any other manner, attempts to discharge