Question
Public law and criminal law Lynn and Kamal had been going out for a year. To mark their anniversary, they decided to go out for
Public law and criminal law
Lynn and Kamal had been going out for a year. To mark their anniversary, they decided to go out for a meal to a local restaurant. The evening was going well until Kamal received a phone call from a woman that he works with, Clara. Lynn had been suspicious for some time about Clara and Kamal's relationship, which she thought was too close for mere work colleagues. The couple began to argue, resulting in Lynn storming out of the restaurant. Kamal followed her out on to the street where they continued to argue. Lynn wanted to go home, but Kamal was determined to settle the argument and return to the restaurant. Lynn began to walk home but Kamal stood in her way, blocking her path. Frustrated and upset, Lynn pushed Kamal out of her way in an attempt to get past him. Kamal lost his footing and fell backwards. His head hit the pavement at a strange angle, and he lost consciousness.
Lynn was devasted when she realised what had happened. She immediately pulled out her phone to call an ambulance, but her phone battery had died. Lynn looked around and saw Morag, an elderly woman, on the other side of the road, walking home from the local shop. Morag's eyesight is poor, and she had not witnessed Kamal fall. Lynn rushed up to Morag screaming that she needed to borrow her phone to call an ambulance. Lynn was so upset that she was not speaking clearly. Morag was stunned and confused. She did not understand why Lynn was shouting at her or what she was saying. Afraid that Lynn was about to attack her, she hit Lynn several times across the head and face with her walking stick. Lynn fell to the ground, bleeding and dazed.
The police and an ambulance were called by another passer-by who witnessed the incident between Kamal and Lynn, and Lynn and Morag. Kamal was rushed to hospital, where it was discovered that he was suffering from a bleed on the brain. Kamal's condition worsened overnight, and he died the next day.
Lynn was also rushed to hospital where she was diagnosed with a broken nose and fractured eye socket that required stitches.
In IRAC Formation,
AdviseLynnon her likely criminal liability for the death ofKamal.
AdviseMoragonherlikely criminal liability for theinjury to Lynn.
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