Criminal Law II
Answer the question:
Unable to cope with the guilt he feels over recent events, Freddie decides to get away for a few days and stay with his cousin, Shishkin. He has no money so pretends to be asleep during the train journey so that he cannot be asked for his ticket. He arrives at Shishkin’s block of flats and rings the entry buzzer.
There is no reply so he waits outside. It gets dark and starts to rain and he gets very cold and wet. Freddie thinks that if he can sneak into the building, he will be able to break into Shishkin’s flat as he remembers from a previous visit that the interior doors did not seem to be very sturdy. Freddie presses entry buzzers for several flats saying ‘pizza delivery’ when they are answered until someone buzzes him into the building. He goes up to Shishkin’s flat on the first floor and shoulder barges the door, breaking the lock. Once inside, Freddie sees a pile of post on the doormat and realises that Shishkin is away. He helps himself to some dry clothes from Shishkin’s wardrobe and eats a sausage roll that he finds in the refrigerator before falling asleep on the sofa.
He is woken by the sound of screaming. Freddie jumps off the sofa and is confronted by a woman who he realises must be Mrs Hyde, Shiskin’s elderly cleaning lady. He tries to explain to her that he is Shishkin’s cousin but Mrs Hyde is not wearing her hearing aid and says that she is going to call the police. Freddie reaches out to catch her arm to get her to stop and speak to him but she turns as he does so and he accidentally grabs her breast instead of her arm. Mrs Hyde says ‘get your hands of me, you rapist’ and runs and barricades herself into the bathroom. She smashes the glass of the window and clambers out, intending to climb down the drainpipe to escape from Freddie. Unfortunately the drainpipe comes away from the wall and Mrs Hyde falls to the ground, breaking both her legs.
Freddie is horrified that the elderly lady has been injured and visits her in hospital to apologise. Mrs Hyde panics when she sees him and starts to scream. A nurse arranges for Mrs Hyde to see a psychiatrist and she is diagnosed as suffering PTSD.
Explore what, if any, criminal liability arises from these events.
The maximum overall word count is 2000 words (excluding footnotes and bibliography). Please note that the footnotes must only contain references and citations. All legal principles must be referenced to their source in case law (not a textbook). OSCOLA referencing must be used and should include pinpoints where quotations or specific points from case law is included.
Topics to be covered:
• Criminal Damage
• Assault and Battery
• Non-fatal offences
• Property offences
• Consent
• Self Defense and Duress
• Rape
• Other sexual offences
• Theft
• Robbery and Burglary
• Fraud and Making Off
