Defenses For Jake And Cain In IRAC Form

Q1

This paper will discuss potential criminal liability, including consideration of whether either has any defences for Jake and Cain in IRAC form.

First will be Jake for his liability with regards to his actions against Cain.

Jakes issue is if he is likely to be charged for the actions he inflicted upon Cain, the potential charge being Harassment, under the protection of Harassment Act 19971. These actions included sending 30 letters to Cains's home containing warnings of his safety in work, wrote in red pen, a series of silent phone calls, as well as a note being left on his car saying he is being watched.

Jake has no defence to these charges as he of sound mind at the time of the offences.

Rules under section 4 of The Protection

Concluding these facts, it is likely Jake will be charged with Harassment and potentially face imprisonment for up to 6 months or a fine. This is a summary offence so will be dealt with in the magistrates' courts6.

jakes next issue is if he will be charged for common/simple assault7 contrary to section 39 of The Criminal Justice Act 19888, for the offensive conduct inflicted upon Cain in retaliation to an unsuccessful job offer, later given to the victim (Cain). This conduct included sending 30 letters to Cains's home containing warnings of his safety in work, wrote in red pen, a series of silent phone calls, as well as a note being left on his car saying he is being watched (Open University (OU)) (w203) (2022)

Rules in relation to assault state that in law, an assault consists of conduct which causes another to fear “imminent” (at least in the sense of not excluding the immediate future), unlawful violence (Lexis+

Cains issue is if he will be charged for grievous bodily harm contrary to section 20 of the Offences against the Person Act 186111, or if he has a defence of consent12.

During an organised charity boxing match, Cain subjected Jake to a harsh blow to the head, this was in retaliation to believing Jake was responsible for his recent mental breakdown due to threatening letters and many silent phone calls.

Rules surrounding consent legality and its boundaries within contact support state, ‘Consent may appear to be given to the conduct which causes the harm, but the quality of that consent must be considered to assess whether it is valid’ (OU) (w203) (unit 16) (2022).

Meaning Jake consented to blows to the head during the contact sport of Boxing, an offence would be present if the singular blow cain subjected Jake to was not within the guidelines of legal moves within boxing13. No laws have been broken with the move resulting in the