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l 5. Jane and Herbert were in a relationship but have since broken up. Jane decided that she would enter Herbert's house to take what

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5. Jane and Herbert were in a relationship but have since broken up. Jane decided that she would enter Herbert's house to take what she believed was hers, an engagement ring, which Jane had given Herbert a year ago. Jane broke a window to gain entry into Herbert's house and made her way into his bedroom. Herbert woke up, instinctively grabbed hold of a golf club next to his bed and smashed Jane's head with it, causing her to sustain a deep gash to her scalp and temporary loss of consciousness. When he switched on the lights, Herbert discovered Jane on the bedroom floor, her head soaked in blood. He tried to stop the bleeding by applying some towels to her head. It was an hour later before he decided to call an ambulance. Jane suffered permanent brain damage as a result of a blood clot between her skull and the surface of her brain which would require lifelong medical treatment. Medical evidence indicates that had Jane been given immediate medical treatment, she would have made a full recovery from her injuries. Discuss the criminal liability of the parties, if any. (100 marks)

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