Criminal Law
Description
Phil (15) is hanging about near his local off licence. Somewhat annoyed he has been refused cigarettes he starts playing with his lighter, and decides to set the wheelie bins in the yard of the shop on fire. After Phil has done this, he becomes a little bored and decides to go round to his girlfriend Wendy’s house.
After Phil leaves, the fire spreads from the yard to the shop. The shop is quiet, but two people become trapped inside. Chantal, a shop assistant, burns to death in the blaze, whilst Matt, a local shoplifter, is badly hurt. Matt is taken to hospital for his injuries where he is treated by Dr Dubious. Dr Dubious fails to notice on Matt’s records that he is violently allergic to Penicillin and he administers this drug as part of the treatment. Matt then dies from a severe allergic reaction to the Penicillin.
1. Consider Phil’s mens rea when he sets fire to the wheelie bins. Consider whether his mens rea will make a difference to the offence he is charged with.
2. Can Phil be said to have caused Chantal’s death? How would this need to be established?
3. Does Phil cause Matt’s death, or is Matt’s death caused by Dr Dubious? How would this need to be established?
