Question
Toby Jones has been out of work for several months and is heavily in debt. A few weeks ago, Toby entered his local minimarket, picking
Toby Jones has been out of work for several months and is heavily in debt. A few weeks ago, Toby entered his local minimarket, picking up a shopping basket as he entered the shop. Once inside, Toby placed a packet of sausages, a packet of beefburgers, and two pizzas into his basket. Next Toby picked up an expensive joint of lamb and swapped the price label on it for one from another much less expensive item, before placing the lamb joint into his shopping basket.
Toby then made his way to the checkouts. There he paid the checkout assistant for the items in his basket before heading towards the exit.
As Toby was making his way towards the exit, he saw an office door with a sign on it stating, 'Private'. Noticing that no one was nearby, Toby opened the door to the office and went inside. As Toby was about to leave the office, he saw a purse lying on a desk and put it into his jacket pocket. When Toby was later questioned by police about his behaviour in the minimarket, he claimed that he had only entered the office because he was curious about what might be inside.
After leaving the office, Toby was approached by a man, Javid, who was collecting donations for a local charity. Concerned that Javid was someone he owed money to, Toby mistakenly thought that he was about to be assaulted by Javid and so he pushed him, causing Javid to fall and break his arm.
using IRAC to advise whether Toby can rely on the defence of self-defence in respect of the injury caused to Javid. When answering this question you should focus on self-defence and not attempt to explain anything about the offence you think Toby may be charged with.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started