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CRIMINAL LAW - TUTORIAL 2 Weeks commencing 26th October and 2nd and 9th November

Please consider the implications of the rules of causation in this scenario and apply both the legal and factual tests and also the guidance from the undernoted case law decisions to help inform your assessment of the criminal liability (if any) of Helen, Sarah and Peter.

Scenario Helen is in her first year at university and staying on campus in a hall of residence. A Halloween party has been organised in the residence and Helen and her flat mates are all going. Sarah knows that Helen, who is quiet and shy, is nervous about the party and suggests they have a few drinks in the flat as they get ready. Just before they leave Sarah offers Helen a small white tablet. Helen asks what it is but is reassured by Sarah who tells her ‘it is just something to help you relax and enjoy the evening’ so she takes the tablet with another glass of wine. Sarah does not know that Helen has an underlying medical condition that means she can suffer adverse reactions to ingesting even small quantities of some drugs such as the illegal ‘party drug’ she gives to Helen and this is exacerbated when taken with alcohol. Shortly after arriving at the party Helen begins to hallucinate and believe she can fly. She grabs a sweeping brush and uses it to smash a window before climbing onto the ledge to ‘fly out the window’. Peter, who is nearby, tries to restrain her and grabs her arm but she fights back. Peter picks up a heavy ashtray and hits her on the head causing her to fall out the window and onto the ground below. Helen is badly injured and is taken to hospital but whilst being treated dies unexpectedly from complications due to her medical condition.

Required Reading Bird v HMA 1952 JC 23 Khaliq v HMA 1984 JC 23 Lord Advocate’s Reference (No 1 of 1994) 1995 SCCR 177 MacAngus v HMA 2009 S.L.T. 137

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