Punch Stamp
Posted September 29, 2009
By admin
Another Law question. You guys are eally helping me here keep it up?
Gordon goes to his local pub. He becomes distracted by Thomas, Claire and Annie who are celebrating recent exam success. It is clear to Gordon that Thomas has some form of disability. Infact Thomas suffers from a stammer and also has dyslexia, but has overcome them to suceed in his exams. Gordon decides to enter a pub quiz with other friends. Thomas Claire an Annie also form a team and enter. Gordon's team loses the quiz to the team of students and he is very annoyed to have been beaten by someone with a learning disability. Outside the pub Gordon sees Thomas laughing with his freinds. He walks over and proceeds to punch, kick and stamp on Thomas shouting "I'll teach you a lesson stupid!" Later Thomas dies in hospital with severe head injuries.
I have to discuss Gordons criminal liability but i dont know where to start. Can anyone start me off or point me to a website that can really help?
Is this for law school? You'll really need to read your textbooks.
What are the possibilities? Assault, battery, manslaughter, murder?
OK. Assault/battery are obvious.
Murder? Start with the common-law definition. Causing death of another human, with malice. Malice is intent to kill, intent to inflict serious bodily injury, acting with depraved indifference, or causing death during commission of inherently dangerous felony.
Does Gordon's act fall into any of the malice categories? If not, maybe it's manslaughter, by the misdemeanor-manslaughter rule. You need to analyze it for yourself.
Start with your textbooks. If you really want a website, try www.cali.org.
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