Question
Finding some IRAC issues that I can put into an IRAC table: 'Consider Sam's criminal liability under s18 of the Offences Against the Person Act
Finding some IRAC issues that I can put into an IRAC table:
'Consider Sam's criminal liability under s18 of the Offences Against the Person Act 1861 in respect of his behaviour towards Morag, and whether he can rely on the defence of duress.
Need to establish both the AR and MR of the offence. Need to consider the defence of duress.'
The text to help with this is this:
For years, Sam Maxwell has been a member of a local gang involved in organised crime in the greater Lawton area. Initially, Sam's involvement was quite minor, but over time he became more and more involved in the gang's criminal activities. A month ago, Mike, the leader of the gang, approached Sam and told him he needed to do a 'job' for him. Mike made it clear to Sam that if he did not agree to do this 'job', his boyfriend, Felix Rodriguez, would be seriously harmed. Sam knew of Mike's violent past and was terrified by this threat. He also feared that an attack could be carried out on Felix at any time. Therefore, he agreed to help with the 'job'.
Mike explained that the 'job' involved an upcoming match between Lawton Rugby Club and a neighbouring club, Villon Rugby Club. Mike wanted the match to be 'fixed' to ensure that Lawton won. Mike instructed Sam to pay a visit to Morag Kelly, the referee of the match, and convince her to 'fix' the match, ensuring victory for Lawton. Mike made it clear to Sam that violence would be required in order to convince Morag to take part in the match 'fixing'.
The next evening Sam went in search of Morag, armed with a baseball bat. He found Morag in a local park, walking her dog. Sam approached Morag and told her she must 'fix' the rugby match. Morag refused and told Sam she would never do such a thing. Sam threatened Morag and told her that if she did not agree she would regret it, but still Morag refused. Sam then hit Morag across the face with the bat. Morag fell to the ground, at which time Sam hit her a second time. As a result of the attack, Morag suffered a broken eye socket, a dislocated jaw and a broken nose.
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