For instance, Andy, in swinging his pickaxe at Nora and Oisin, caused them to cause physical harm to the dog by breaking its paw. Moreover, Andy shattered the bus shelter’s glass pane in his attempt to fight back at Oisin. Tim, on the other hand, set fire to the café in a reaction that significantly damaged property in the building (Gardner & Anderson 2009, 39).When Andy swung his pickaxe at Nora, she got convinced that he was aiming at hurting her (Robinson 2005, 8). This factor spurred her instinctive reaction to step aside and ended up breaking the dog’s paw (Monaghan 2012, 33). The perpetrator’s defense could be that he did not intend to hurt the lady and merely wanted to scare her into joining his demonstration. However, this is a criminal offense that is comparable to the R v Blake case of 14th August 1996 (The Times), Andy may be proven a guilty mind as he acted viciously albeit without much of an intent to hurt Nora (Traynor 1965, 44). Blake was convicted of a strict liability offense of social and security concern (Lanham 2006, 89). His offense had been to operate a radio station without any legal documentation/licensing. In defense, the defendant had claimed that he had no knowledge of and had not intended to transmit (Epstein 1980, 56). The court’s ruling in Blake’s case had been influenced by the Lord Scarmon’s projections of the Gammon Principles that stated that the defendant was liable as he had the knowledge of using the gadgets that transmitted. Possession and usage of an element are the factors that get used to define knowledge. Seemingly, Andy had the knowledge of possessing and using/swinging his pickaxe at Nora which is a factor that makes him criminally liable for his actions (Morris 2001, 90).The duo committed harm to a significant degree. Brody and Acker (2010, 78) explained that ‘harm’ is varied and is inclusive of but not limited to psychological harm, financial harm, and even the already discussed physical harm. When an individual commits such actions, Morris (2001, 90) explained that they are often violating the constitutional elements that protect their victims and such make themselves subject for criminal trials. Andy’s actions largely caused physical harm (Woods 2002, 45). However, Tim’s actions progressively developed as he exhibited his violence. He started by scribbling a writing that encouraged clients to boycott the services and goods of the café on the café’s door.
Please type your essay title, choose your document type, enter your email and we send you essay samples