Daisy works as a solicitor in a large law firm in the city. Johnny, who fancies her, has invited her several times to the pub or for lunch. They get on well and Johnny has been progressively more pressing. At their last lunch together, Daisy made it clear that she does not want the banter to go further. Since then, she has consistently refused Johnny’s invitations over the last month. Tired of his repeated invites for a drink, she agrees to meet him at a pub on a Friday evening, after work. She knows some colleagues will be there, and she thinks that she can reiterate that she does not fancy him. Once she has arrived, she quickly realises that Johnny is tipsy. After talking for some minutes, Johnny tries to kiss Daisy but she pulls away. Sarah, who is Johnny’s and Daisy’s boss, tells him to stop, but as soon as Sarah gets up to order a drink, Johnny grabs Daisy by the arm and pushes her against the wall. He kisses her on the mouth and puts his hand up her skirt. Daisy is about to hit him with her umbrella when Johnny stops, having noticed that Sarah is back at the table. Leaving the pub, Daisy is deeply shaken. In fact, the incident raises memories of a childhood sexual assault. Over the next month her behaviour becomes erratic and Sarah suggests she see her GP. Reluctantly she does. She is diagnosed with post-traumatic stress disorder, and told to take some sick leave to give herself time to recover. After a month off, Daisy asks to come back to work part-time. Her first days at work go well, but she still feels very nervous at the sight of Johnny, and avoids being in his presence. One evening, while walking home, she notices somebody walking behind her at a short distance. She is convinced Johnny is following her. Panicking, she starts to run but is soon out of breath. While she recuperates, the person behind her arrives. Daisy by then is in a state of utter panic. Convinced Johnny is about to attack her, she decides to use her karate skills to push away her ‘attacker’. Surprised by her reaction, Benjamin—a stranger—falls on the ground and breaks his legs. Assess the criminal liability of Daisy and Johnny.
Daisy works as a solicitor in a large law firm in the city. Johnny, who fancies her, has invited her several times to the pub or for lunch. They get on well and Johnny has been progressively more pressing. At their last lunch together, Daisy made it clear that she does not want the banter to go further. Since then, she has consistently refused Johnny’s invitations over the last month. Tired of his repeated invites for a drink, she agrees to meet him at a pub on a Friday evening, after work. She knows some colleagues will be there, and she thinks that she can reiterate that she does not fancy him.
Once she has arrived, she quickly realises that Johnny is tipsy. After talking for some minutes, Johnny tries to kiss Daisy but she pulls away. Sarah, who is Johnny’s and Daisy’s boss, tells him to stop, but as soon as Sarah gets up to order a drink, Johnny grabs Daisy by the arm and pushes her against the wall. He kisses her on the mouth and puts his hand up her skirt. Daisy is about to hit him with her umbrella when Johnny stops, having noticed that Sarah is back at the table.
Leaving the pub, Daisy is deeply shaken. In fact, the incident raises memories of a childhood sexual assault. Over the next month her behaviour becomes erratic and Sarah suggests she see her GP. Reluctantly she does. She is diagnosed with post-traumatic stress disorder, and told to take some sick leave to give herself time to recover. After a month off, Daisy asks to come back to work part-time.
Her first days at work go well, but she still feels very nervous at the sight of Johnny, and avoids being in his presence. One evening, while walking home, she notices somebody walking behind her at a short distance. She is convinced Johnny is following her. Panicking, she starts to run but is soon out of breath. While she recuperates, the person behind her arrives. Daisy by then is in a state of utter panic. Convinced Johnny is about to attack her, she decides to use her karate skills to push away her ‘attacker’. Surprised by her reaction, Benjamin—a stranger—falls on the ground and breaks his legs.
Assess the criminal liability of Daisy and Johnny.
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