Legal Advice Case Study

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Legal Advice Case Study Late one Saturday night Chris, who is a fanatical Manchester United supporter, is walking home, when he sees a stone on the pavement in front of him. Pretending that he is Ryan Giggs and with only the goal keeper to beat, Chris lets fly at the stone with his trusty left foot. The stone strikes Dan, who is walking his dog, on the shin. Chris says he didn't see Dan because it was very dark and he didn't think anyone was around, and also because he had been to a party, had a lot to drink, and was very tired. Chris also says that at the time he was 'a bit out of his head' because he had been smoking cannabis. It is my role to legally advise Dan. He has suffered pain from this injury which has resulted in him being absent from work for the past month. It is my decision to look at the course of action, whether to seek to get Chris prosecuted or make a claim through the civil court for damages and ultimately loss of earnings. When deciding on any case where a criminal offence has been committed in English Law it is essential that it is conclusively proven - beyond reasonable doubt. The prosecution must firstly prove that the accused had mens rea, a guilty mind as the general rule is the offence must be voluntary. Although this was clearly an accident. The defence would look towards intention. Did Chris intentionally kick the stone with purpose to injure Dan? If he had indeed indirectly... ... middle of paper ... ... or he thinks they acted reasonably in the matter at hand. This is the advice which would be strongly recommended to Dan and and it would be expected that this would route he would take.. Morally this case should not, and 50 years ago, would not have gone to court. Unfortunately, the rise in the 'compensation culture' which as engulfed the UK have changed our perception on what is now considered an 'accident'. The main losers being the insurance customers who face hiked up costs to pay for these claims. This is a difficult case to advise on as the onus on blame is often exaggerated but overall this is the most obvious conclusion. References Diane Keenan, 2001, Smith and Keenans English Law (13th) Longman Christopher Ryan & Gary Scanlan, 1993, Success Without Tears: Criminal Law (3rd) Blackstone Press.
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