criminal law

Please answer either question 1 or question 2.

1 Elwyn and Ferdy had an argument. They decided to settle their differences by fighting. As Elwyn was considerably stronger than Ferdy, he won easily, knocking out three of Ferdys teeth, breaking Ferdys jaw and causing extensive bruising to various parts of Ferdys body.

Subsequently, Elwyn was playing football, when he mistimed a tackle on Gordon, an opposing player, whose leg sustained a deep gash caused by the impact of the studs on Elwyns football boots and which led to a considerable loss of blood. Later on in the match, Elwyn stamped on Horace, an opposing player he disliked intensely, while Horace was lying on the ground.

After the match, Elwyn and some of his team mates were in high spirits and were celebrating their victory by forcing the captain to have a cold shower, a traditional ritual following a victory in which the captain willingly participated. The captain attempted to escape from the shower, so Elwyn pushed him back under the shower, as a result of which the captain slipped on the wet floor and fell, dislocating his shoulder. After the captain had been taken to hospital, Ian, another of Elwyns team mates, asked Elwyn to use a razor to cut the name of Ians new girlfriend into Ians arm in the hope of impressing her. Elwyn used a razor to cut the name Jenny into Ians arm.

Elwyn has also been engaged in a long-standing dispute with Colin, the captain of a rival football team. Elwyn has conducted a campaign of harassment against Vera, Colins elderly mother. This behaviour has involved stalking her, abusive telephone calls with threats of violence, and repeated silent telephone calls. Vera has consequently suffered a nervous breakdown.

Consider the criminal liability, if any, of Elwyn.


2. The primary purpose of the criminal law is to protect people from physical harm. The majority in Brown [1994] 1 AC 212 were therefore justified in restricting the availability of the defence of consent where such harm is caused.
Critically discuss this statement.

Your coursework should be no more than 2000 words including the references. please use the OSCOLA style for referencing, and use the files i will upload. please only use the mentioned references and books in my uploaded files. please make sure this is based on UK law only.

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