Scenario
Arden Music Festivalis a weekend long music festival held every year in the lovely Warwickshire countryside. Visitors to the festival stay in tents in the festival village. The Arden Music Festival has been criticised for damaging the environment. At the event this year, there is a protest march which has been organised to raise awareness of the environmental impact of music festivals. Fred and Eliza are taking part in the protest march. Fred suffers from a medical condition and has not taken his medication that morning, causing him to be disorientated. During the march Fred sees Igor standing near to the main entrance shouting at the protestors. Fred is cross that Igor doesn’t agree with the march. Fred shouts at Igor “I dare you to come here and say that! I’ll show you what I think”. Fred then throws a full can of cola at Igor. The can hits Igor, causing a bruise and graze to his cheek. Sally and Cody also decide to attend the Arden Music Festival and stay in a tentin the festival village. Their tent was located approximately 300 metres from the medical tent. Whilst at the music festival, Cody told Sally that he had purchased some hallucinogenic Class A drugs to helpthemenjoy the event. Sally and Cody have taken this particular type of hallucinogenic Class A drug together before; neither have had adverse reactionsto the drug. Cody and Sally decide to take the drugs in the tent. Cody gave Sally the drugs. Cody gaveSally a stronger dose than normal. Sally took the drugs. Cody also thought it would be fun if he filmed Sally whilst she took the drugs, this was something he had done before. On this occasion, Sally has a negative reaction to the drugs. After taking the drugs, and over a four-hour period, Sally’shealth startedto deteriorateand she was clearly in pain. Sally’s paincontinued to get worse and she started to scream wildly before collapsingin the tent.
Cody panicked, he had already been in trouble with the police earlier in the month and was concerned that if he broke the law again, he would end up in prison. Cody telephoned his friend Dave. Dave told Cody to get medical help for Sally. Cody said that he was worried about getting into trouble with the policeandthen ended the call with Dave. Sally’s health continued to deteriorateand she struggled to breathe. Cody did not seek help from the medical tent or attempt to get Sally any medical attention. Cody continued to take photographs and video Sally as she struggled totakebreath. Sally died. Part A:Write a letter of advice to Fred. Write the letter in a professional manner and in a style that could be understood by Fred. In particular focus on:•Identifying the non-fatal offence Fred has been charged with•Setting out liability for the offence
•Whether not taking his medication can be used as a defence by FredMarks will be awarded for referenceto supporting case law and legislation.(33 marks)
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Part B:Discuss whether Cody would be liable for any offence in relation to Sally. Identify:•Which offence Cody would be liable for and why?
•Whether Cody meets the actus reus and mens rea for the offence•You should not address issues around criminal liability for the drug possession/offences. Marks will be awarded for reference to supporting case law and legislation.(33Marks)
Part CThe issue of dishonesty was considered by the Supreme Court in the case of Ivey v Genting Casinos [2017] UKSC 67. Analyse the impact of Iveyon the dishonesty test in criminal proceedings. Use case law and legislation to support your answer
