Criminal Law (LW2220)

c) Tasha recently observed Nadiya picking cherries off her cherry trees. Tasha, incensed by this intrusion, told Nadiya that she was a trespasser and to get off her property. Nadiya calmly showed Tasha a letter from Kolyn which stated that Nadiya can pick cherries and apples from his trees. The letter was signed and included the word ‘deed’ in it in numerous place. From this question, why is it profits a prendre and not an easement

Tasha has recently purchased 12 Oak Street, a terraced house, from Kolyn. After completing the purchase she has come across an issue. Tasha recently observed Nadiya (her next door neighbour) picking cherries off her cherry trees. Tasha, incensedby this intrusion, told Nadiya that she was a trespasser and to get off her property. Nadiya calmly showed Tasha a letter from Kolyn which stated that Nadiya can pick cherries and apples from his trees. The letter was signed and included the word ‘deed’ in it in numerous places. From this, determine which fragmentation of right it is: Freehold estate Leasehold estate Mortgages Freehold covenants Easements  Profits à prendre Home right Trusts Proprietary Estoppel Option to purchase; Pre-emption right And say why it is that right

what case law would apply to this scenerio " a popular pub chain caused injury to a member of the public through the use of improper training of staff, would they be criminally vicariously liable"

Elias and Raj are labourers who work for the same company. They have never got on well together and constantly argue and play tricks on each other. One day, they are left by their boss to complete a job repairing the railings on a pier at the seaside. The weather takes a turn for the worst, becoming very blustery. Elias is uncomfortable working at the edge of the pier as he fears heights. Raj teases him about this and becomes increasingly irritated by Elias’ lack of contribution to the work. Wanting to finish the job quickly, Raj tells Elias to get a move on and help him by holding a piece of railing in place. When Elias refuses to come near to the side of the pier Raj gets his phone out and starts to film Elias, whilst taunting him for being a wimp. Elias reacts by lunging at Raj to try to grab his phone from him. Raj jumps backwards, slips on the wet concrete, and falls from the pier into the choppy water below. He cries out for help. Elias is frozen by fear and fails to react. He has left his mobile phone in the van back at the car park, a two-minute walk away. He looks around for help, but because of the weather, the waterfront is deserted, and there is nobody around. He fails to notice the lifebuoy ring nearby at the end of the pier. After ten minutes, a passing dog-walker notices the commotion and calls for the lifeguard. Raj is dragged from the sea but is found to have died within a few minutes of entering the water. Discuss whether Elias is criminally liable for the death of Raj. talk about subjective recklessness or objective. Talk about the tests aswell and apply cases

Elias and Raj are labourers who work for the same company. They have never got on well together and constantly argue and play tricks on each other. One day, they are left by their boss to complete a job repairing the railings on a pier at the seaside. The weather takes a turn for the worst, becoming very blustery. Elias is uncomfortable working at the edge of the pier as he fears heights. Raj teases him about this and becomes increasingly irritated by Elias’ lack of contribution to the work. Wanting to finish the job quickly, Raj tells Elias to get a move on and help him by holding a piece of railing in place. When Elias refuses to come near to the side of the pier Raj gets his phone out and starts to film Elias, whilst taunting him for being a wimp. Elias reacts by lunging at Raj to try to grab his phone from him. Raj jumps backwards, slips on the wet concrete, and falls from the pier into the choppy water below. He cries out for help. Elias is frozen by fear and fails to react. He has left his mobile phone in the van back at the car park, a two-minute walk away. He looks around for help, but because of the weather, the waterfront is deserted, and there is nobody around. He fails to notice the lifebuoy ring nearby at the end of the pier. After ten minutes, a passing dog-walker notices the commotion and calls for the lifeguard. Raj is dragged from the sea but is found to have died within a few minutes of entering the water. Discuss whether Elias is criminally liable for the death of Raj. discuss the case of Smith win relation to causation

Elias and Raj are labourers who work for the same company. They have never got on well together and constantly argue and play tricks on each other. One day, they are left by their boss to complete a job repairing the railings on a pier at the seaside. The weather takes a turn for the worst, becoming very blustery. Elias is uncomfortable working at the edge of the pier as he fears heights. Raj teases him about this and becomes increasingly irritated by Elias’ lack of contribution to the work. Wanting to finish the job quickly, Raj tells Elias to get a move on and help him by holding a piece of railing in place. When Elias refuses to come near to the side of the pier Raj gets his phone out and starts to film Elias, whilst taunting him for being a wimp. Elias reacts by lunging at Raj to try to grab his phone from him. Raj jumps backwards, slips on the wet concrete, and falls from the pier into the choppy water below. He cries out for help. Elias is frozen by fear and fails to react. He has left his mobile phone in the van back at the car park, a two-minute walk away. He looks around for help, but because of the weather, the waterfront is deserted, and there is nobody around. He fails to notice the lifebuoy ring nearby at the end of the pier. After ten minutes, a passing dog-walker notices the commotion and calls for the lifeguard. Raj is dragged from the sea but is found to have died within a few minutes of entering the water. Discuss whether Elias is criminally liable for the death of Raj. mention relevant cases and tests that could be applied.