+1 862 207 3288 Angharad (driving) and Owen were driving a car when it stalled at the lights.
Caitlin and Dylan, were in the car behind. Dylan jumped out of started shouting at Angharad. Dylan and Angharad had been in a previous relationship and Dylan had recently been released from hospital for depression. Angharad opened her door and Dylan dragged her out onto the ground. He then kicked her in the ribs, causing a fracture and severe bruising. Despite best advice, she did not go to hospital.
Two days later, Angharad was rushed to hospital with a collapsed lung that, despite the best efforts of the doctors, had to be removed.
Caitlin saw Owen (her former boyfriend) in the pub later. She shouted at him and threw her drink over him and unfortunately the glass slipped out of her hand.
a) The Crown Prosecution Service have decided to charge Dylan with s18 and s20 but not s47 of the OAPA 1861.
Can you explain to Dylan what the CPS will have to establish to prove his criminal liability for s18 and s20 and why they have chosen not to charge him with s47?
b) Discuss Dylan’s criminal liability if Angharad died. Are there specific or general defences his legal team may consider?
c) Discuss the charges that the CPS could consider against Caitlin. Explain why that might change if the glass hit and injured Owen.
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