Hello,

My name is Maria, and today I am presenting the Criminal law (This scenario
is based on Criminal Law, specifically focusing on the legal aspects related to assault
and battery in the context of a sports-related incident involving James Robinson and
Thomas Whyte).

Case Scenario: (Determining the criminal responsibility for assault and

battery in a sports)
James Robinson, a football team member, has been injured by another team member, Thomas
Whyte. James is considering involving the police, and there is a possibility that the Crown
Prosecution Service (CPS) may charge Thomas for assault and battery. James is seeking legal
advice on which criminal court would likely hear the trial and the procedures that would be
followed during the legal proceedings.

As a solicitor advising James in this case, your role is crucial in guiding him through the legal
process and providing him with a clear understanding of what to expect. Here is a detailed
breakdown of how you can approach this scenario in your legal argument presentation:

Role: Solicitor

advising James Robinson on potential criminal charges for assault and battery against his football
teammate, Thomas Whyte, you would need to analyze the elements of assault and battery under
Criminal Law, assess the evidence of the incident, explain the potential legal consequences for
Thomas Whyte, and provide guidance on the court procedures and likely outcomes of the case.
Additionally, you may need to address the appropriate criminal court that would hear the trial and
the stages involved in the legal proceedings to assist James in making informed decisions regarding
his case.

Legal Argument
As a solicitor advising James Robinson in the case involving his teammate Thomas Whyte, the
legal argument will focus on establishing the elements of assault and battery under criminal law.
The argument will emphasize the following key points:
James Robinson is considering involving the police due to being injured by his football team
member, Thomas Whyte, the legal argument would focus on advising James on the potential
criminal charges Thomas may face for assault and battery. As a solicitor providing legal advice,
your presentation should encompass the following key elements:
Provide a concise overview of the case scenario, highlighting the incident where James was injured
by Thomas and the legal implications surrounding assault and battery.
Clearly define your role as a solicitor advising James on the potential criminal charges and legal
proceedings that may ensue.

DUTY OF CARE

 Duty of care in Tort Law pertains to the legal obligation to act reasonably to prevent
foreseeable harm to others.
 In the context of a sports-related incident, duty of care may involve ensuring that
participants in the activity do not engage in behavior that could cause harm to others.
 As a solicitor advising James, you may need to consider whether Thomas owed a duty of
care towards James during the football game.
 Assess whether Thomas breached this duty of care by engaging in conduct that resulted in
harm to James.
 Evaluate the foreseeability of harm and whether Thomas's actions deviated from what a
reasonable person would do in similar circumstances.
 Discuss how the breach of duty of care by Thomas may impact the potential legal claims
James could pursue, such as negligence in Tort Law.

BREACH OF DUTY:

 Breach of duty in Tort Law occurs when a person fails to meet the standard of care expected
in a given situation.
 In the context of the sports-related incident between James and Thomas, assess whether
Thomas's actions deviated from the standard of care expected in a football game.
 Consider whether Thomas's conduct, leading to the injury of James, constitutes a breach of
the duty of care owed to fellow players.
 Analyze the specific actions of Thomas that resulted in harm to James and determine if
they fell below the standard of care expected in a sports setting.
 Evaluate factors such as the nature of the game, the level of contact permissible in football,
and any rules or regulations governing player conduct.
 Discuss how the breach of duty by Thomas may impact the potential legal claims James
could pursue, such as establishing liability for the injuries suffered.

CAUSATION IN THIS SCENARIO:

 Causation in Tort Law establishes the link between the defendant's actions and the
plaintiff's harm.
 Analyze whether Thomas's actions directly caused the injuries sustained by James during
the football game.
 Consider the chain of events leading from Thomas's conduct to the harm suffered by James
to determine causation.
  Evaluate whether, without Thomas's actions, James would not have been injured,
establishing a causal connection.
 Assess any intervening factors that may have contributed to James's injuries and determine
if they break the chain of causation.
 Discuss how proving causation is essential for James to establish Thomas's liability for the
assault and battery.

CAUSATION IN THIS SCENARIO:

 Causation in Tort Law establishes the link between the defendant's actions and the
plaintiff's harm.
 Analyze whether Thomas's actions directly caused the injuries sustained by James during
the football game.
 Consider the chain of events leading from Thomas's conduct to the harm suffered by James
to determine causation.
 Evaluate whether, without Thomas's actions, James would not have been injured,
establishing a causal connection.
 Assess any intervening factors that may have contributed to James's injuries and determine
if they break the chain of causation.
 Discuss how proving causation is essential for James to establish Thomas's liability for the
assault and battery.

DEFENCES

 Self-Defense: Thomas may argue that his actions were in self-defense, meaning he
reasonably believed he needed to protect himself from harm.
 Consent: If James consented to the level of physical contact expected in a football game,
Thomas could argue that James implicitly accepted the risk of injury.
 Contributory Negligence: Thomas might claim that James's own actions or negligence
contributed to his injuries, reducing Thomas's liability.
 Lack of Intent: If Thomas can demonstrate that the harm caused to James was unintentional
or accidental, it may impact the assessment of liability.
 Necessity: Thomas could argue that his actions were necessary to prevent a greater harm
or danger during the football game.
 Provocation: If James provoked or initiated the altercation that led to the injuries, Thomas
may raise this as a defense against full liability.

Conclusion:
The legal scenario involving James Robinson and Thomas Whyte presents a complex situation that
requires careful consideration of the legal implications and potential outcomes. As a solicitor
advising James, the legal argument must focus on establishing the elements of assault and battery
under criminal law, highlighting the available evidence and witness testimony, and outlining the
likely court proceedings. By providing comprehensive legal counsel, the solicitor aims to guide
James towards informed decisions regarding the potential criminal charges against Thomas and
the implications of each course of action.

Legislation:
The Offences Against the Person Act 1861:

Criminal Justice Act 1988:

The Criminal Law Act 1967:

Books:
AQA Law by Jacqueline Martin:

Smith and Keenan's English Law:

The English Legal System by Catherine Elliot:

Websites:
https://www.bailii.org/form/search_cases.html

https://www.legislation.gov.uk/ukla

https://www.judiciary.uk/courts-and-tribunals/high-court/

https://www.lawgazette.co.uk/law/legal-updates

https://academic.oup.com/journals/pages/law