Question
One evening, Porter and his brother Martin attend Smith's Electronics in search of a new DJ set for their business. Tate, a sales representative at
One evening, Porter and his brother Martin attend Smith's Electronics in search of a new DJ set for their business. Tate, a sales representative at the store, sees Porter who he suspects is having an affair with his wife, Sasha. He decides to confront Porter. When Porter passes by him, Tate shoves him and starts yelling: "You lying cheat! You've destroyed my marriage! No wonder nobody in this town wants to hire you." Porter, offended by Tate's behaviour, grabs a computer monitor aiming at Tate and shouts: "You better use your words carefully - I'll make sure they're your last ones". He throws the monitor, but the monitor lands on the head of another customer, Roderick, who happens to be passing by.
Roderick suffers from an unusually thin skull and dies instantly. Porter runs away. Judy, another sales representative, who has been under tremendous stress the past few months, is furious at the commotion caused by Porter. When Porter's brother, Martin, tries to ask for help, she pushes Martin down the stairs. Martin lands unconscious at the bottom of the stairs but Judy, panicking, does not call for help. Eleanor, the owner of the store, sees Martin at the bottom of the stairs, but is late for her appointment at the nail salon so she leaves in a hurry and does not call for help. She returns an hour later and when she sees that Martin is still lying unconscious on the floor she calls the emergency services. Due to extraordinary traffic, the paramedics arrive 2 hours later. At the hospital Martin is advised that he needs to undergo brain surgery to alleviate brain tissue swelling caused by the fall. Martin is a member of a spiritual commune that rejects medical interventions. Martin refuses to undergo surgery and dies two days later.
Evaluate Porter and Judy's liability. this is strictly a year 2 criminal law question which should reflect case law as well as text material from Jonathan herring's book on criminal law (10th edition).
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