Message from: David Campbell Message to: Trainee Law

Hi Trainee,

I would like to meet with you later this week to discuss a case that has been referred to us by Lawton police force. The brief information I have received from the officer dealing with the case is as follows:

Felix Rodriguez plays rugby for the Lawton Rugby Football Club. He plays for the same team as his boyfriend, Sam Maxwell. Lawton Rugby Football Club played against their rivals, Justice Rovers Rugby Club on Saturday 7th May 2022.

At this game, Sam's ex-boyfriend, Harry McIntosh, was playing for the rival team, Justice Rovers. During the match, Harry went to tackle Sam to retrieve the ball and, as a result of this tackle, Sam fell to the ground suffering a broken leg and a fractured eye socket.

Felix saw the incident and honestly, but mistakenly, believed that Harry was attacking Sam. To stop this, Felix ran at Harry and punched him in the face, causing Harry to fall backward, resulting in a small wound to Harry's lip that required stitches.

We will need to consider the criminal liability of Harry McIntosh under s20 of the Offences Against the Person Act 1861 in respect of his behaviour towards Sam Maxwell, including whether he can rely on the defence that Sam consented to sporting activity.

We will also need to consider the criminal liability of Felix Rodriguez under s47 of the Offences Against the Person Act 1861 in respect of his behaviour towards Harry McIntosh, including whether he can rely on the defence of self-defence.

Before our meeting you should prepare by doing the following:

Question 1

Your CPS mentor, David Campbell, has told you that Harry McIntosh's trial has been adjourned.

While you wait for the new trial date, David asks you to help him prepare for a workshop he is running with new trainees which will focus on offences against the person. To help him do it, David asks you to:

Write up your plan from Question 1 of TMA 03 relating to s20 of the Offences Against the Person Act 1861, including the defence of consent to sporting activity, into a full answer using IRAC.