criminal law problem solving question

    criminal law problem solving question

    Edward and Mary are having dinner in PoshNosh, their local restaurant, when they see Alex, who is Mary’s ex-husband. Mary and Alex split up because Alex was violent towards her. Mary becomes nervous when Alex starts walking towards the table. He looks quite angry and is shaking his fist shouting that he will hurt Edward. Edward is not scared of Alex, but is worried about Mary and so stands up in front of her. Alex thinks that Edward is challenging him so punches Edward in the face. Edward falls onto the floor but in doing so hits his head on the corner of the table. His head is bruised and swollen and he is in a lot of pain, but says that he is okay. Alex slaps Mary across the face, causing a red mark. Mary picks up an empty bottle of wine and hits Alex over the head with it. Alex falls to the floor, on top of Edward causing Edward a broken arm. Alex suffers from concussion and is bleeding from the head.

    The restaurant manager phones for an ambulance. The ambulance arrives 30 minutes later than it should have done because the driver made a detour to give his friend a lift home. When they finally arrive at the hospital Edward is suffering from serious head injuries. The doctor later discovers that Edward was suffering from a very rare disease whereby a knock to his head resulted in the serious injuries. This would not normally happen and no-one knew about this condition.

    Discuss the criminal liability of Alex and Mary. You do not need to consider any defences.
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