With their parents away from home for an anniversary trip, three siblings - Gary, Tracey, and Phil - spend the night watching professional wrestling, eating junk food, and drinking soft drinks. On a few occasions, Gary, the eldest sibling by two years at 15, sneaks a little of their father's whisky into their glasses, though neither Tracey nor Phil appears to notice. As soon as the final contest had concluded, and with the morning sun rising, despite having viewed multiple warnings advocating otherwise, the three siblings head straight to the nearby beach to try out what they had just seen on TV.

After spending the bulk of the morning mimicking their favourite moves from the previous evening's entertainment, applying but without explicitly specifying their "usual rules" - namely no head shots and no shots below the waist - Tracey decides to up the ante. Winking at Gary, who, as "referee" of this particular bout, stood watching histwinsiblings grappling from the edge of their crudely demarcated squared circle in the sand, Tracey begins to rhythmically tap her right foot. With Phil scarcely able to contain his laughter, Tracey aims a kick towards his face, barely grazing the tip of his chin. This causes Phil to lose his balance and fall to the ground.

From the sand, Phil shouts at Tracey: "Wait until I tell Mum and Dad about this". But beforePhilcan stand to his feet, Tracey crouches down beside him and slowly whispers into his ear: "If you tell Mum and Dad, I'll do that again - or worse - when you least expect it".

Phil immediately runs home to tell his parents, who had returned from their trip earlier that day.

Assess Tracey's liability for common assault in relation to Phil.