Message from:David CampbellMessage to:Trainee Law
Hi Trainee,
I would like to meet with you later this week to discuss a case that has been referred to us by Lawton police force. The brief information I have received from the officer dealing with the case is as follows:
Felix Rodriguez plays rugby for the Lawton Rugby Football Club. He plays for the same team as his boyfriend, Sam Maxwell. Lawton Rugby Football Club played against their rivals, Justice Rovers Rugby Club on Saturday 7th May 2022.
At this game, Sam’s ex-boyfriend, Harry McIntosh, was playing for the rival team, Justice Rovers. During the match, Harry went to tackle Sam to retrieve the ball and, as a result of this tackle, Sam fell to the ground suffering a broken leg and a fractured eye socket.
Felix saw the incident and honestly, but mistakenly, believed that Harry was attacking Sam. To stop this, Felix ran at Harry and punched him in the face, causing Harry to fall backward, resulting in a small wound to Harry’s lip that required stitches.
We will need to consider the criminal liability of Harry McIntosh under s20 of the Offences Against the Person Act 1861 in respect of his behaviour towards Sam Maxwell, including whether he can rely on the defence that Sam consented to sporting activity.
We will also need to consider the criminal liability of Felix Rodriguez under s47 of the Offences Against the Person Act 1861 in respect of his behaviour towards Harry McIntosh, including whether he can rely on the defence of self-defence.
Before our meeting you should prepare by doing the following:
Question 1
Use an IRAC table to plan an answer to the part of this problem question that relates to s20 of the Offences Against the Person Act 1861, including the defence of consent to sporting activity. (50 marks)