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Criminal Law Assessment – Answer both parts – submit to turnitin as a single document
Write a critical case note on R v Challen (2019). (1000 words)
Boris and Priti have been married for over 10 years. Given the long spells of lockdown due to Covid-19 and being stuck together in their marital home for months meant that their already strained relationship became even more difficult. Boris spent long hours on social media chatting with random women while Priti felt neglected and angry due to Boris’ behaviour.
One day, while Priti was on her daily walk she sees one of her old flames, Rishi, walking his dog, in Blean Woods. Their random meeting became a habit and one day they have sex in the woods. Although Rishi was covid postive at the time of intercourse, he did not mention this to Priti, as he did not want to miss the opportunity. Within 48 hours, Priti falls ill with Covid-19.
When Rishi didn’t see Priti on his walks, he became worried about her and goes to see her at her home. Boris, who answers the door gets suspicious of Rishi and keeps asking many questions about how Rishi knew Priti. When Priti admits to their brief encounter in the Blean Woods, Boris gets furious. He starts shouting threateningly at both of them for potentially exposing him to covid-19.
Rishi, who could not tolerate the abuse from Boris, picks up a Dahlia pot that was by the side of the door and throws it at Boris. The pot hits Boris’ head which leads to him bleeding heavily. As Boris was drunk at the time, he loses control and falls. Hearing the commotion, Matt, Boris’ neighbour, arrives at the incident and seeing Boris on the floor, bleeding, tries to confront Rishi. Rishi who had enough of the situation already, pushes Matt away hard, making Matt fall on the ground. Due to Matt’s undiagnosed heart condition, Matt suffers a stroke and dies.
Discuss the criminal liabilities of Rishi and Boris, including any potential defences they may be entitled to. (1000 words)
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