Reference no: EM133436268

Question

Aidan has been burgled twice in the last 6 months. He lives alone and has become very angry and insecure as a result of the burglaries of his property. He arms himself with a shotgun to defend himself in case an intruder enters his house. Oscar, a 16-year old boy, is a member of a football team. On the way home from football practice he accidentally kicks his football into Aidan's back garden. Oscar climbs over the wall of Aidan's back garden in order to retrieve the ball. It is eight o'clock at night and it is dark outside. Aidan has been watching TV with his shotgun by his side; as soon as he hears someone entering the back garden, he picks up his shotgun and opens a window at the back of the house. Through the window, he sees Oscar in the garden and shouts at him that he should 'get out of here right now!' Oscar is terrified and is momentarily frozen. He has the football in his hands. Aidan is uncertain whether or not Oscar will attack him. Aidan fires one shot; he is a poor shot, so the bullet just grazes Oscar's arm. Discuss the criminal liability of Aidan and comment critically on the law you have applied.