Reference no: EM132179364
Jason believed that his neighbour, Ken, had been having a relationship with Jason’s girlfriend, Leandra. After drinking heavily in the local bar, Jason decided to go round to Ken’s house and “beat him up”. After closing time, Jason went to the back door of Ken’s house, forced it open, and went upstairs to look for him.
Ken, who was half-asleep upstairs, heard noises from downstairs and grabbed a baseball bat which he always kept under the bed. When Jason entered Ken’s bedroom, Ken swung the bat in Jason’s direction, but missed. Jason reacted by punching Ken in the face, breaking his nose. Now very angry, Ken swung the baseball bat again, hitting Jason on the side of the head and fracturing his skull. Jason was in hospital for several weeks, and now has frequent headaches as a result of his injury. Ken was arrested on suspicion of a serious offence against the person.
Ken was later released by the police on bail and returned home. Maria and Nick, two friends of Jason, blamed Ken for Jason’s injury and decided to take revenge for what Ken had done. Maria and Nick waited for Ken and jumped out as he was walking past. Maria pushed Ken, causing him to lose his balance. Nick hit Ken which caused a deep cut to the side of Ken’s face. Nick had previously been diagnosed with a mental illness which makes him react aggressively. Both Maria and Nick have since been arrested for the attack.
Discuss the criminal liability of Jason as he entered Ken’s house
Discuss the criminal liability of Jason as a result of him hitting Ken and breaking hisnose. Include in your answer any defence that Jason may be able to plead.
Identify and briefly explain the offence Ken may have committed as a result of each of the two actions described below
(a) When Ken swings the baseball bat at Jason
(b) When Ken fractures Jason’s skull.