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Law AS

Discussion in 'Help, Ideas & Suggestions' started by Raisha_Jesmin, Jul 14, 2017.

  1. Raisha_Jesmin

    Raisha_Jesmin

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    can someone please help me with a law question? would really aprreciate it. Heres the question
    (it's oct/ nov 2015, v22 q2)
    Ahmed and Ghulam hold a party at their flat. A fight breaks out between Ben, Costas and Don
    during which they throw chairs and tables about the room. Some of the guests receive minor
    injuries. The police are called and everyone leaves the flat except Ahmed and Ghulam. Before
    the police arrive, Ahmed leans out of the window and shouts at Ben, Costas and Don that he will
    come after them and kill them. Ghulam also leans out of the window and throws a bottle at them
    which smashes on the pavement.
    Using the source material and giving reasons explain whether:
    (a)
    Ben, Costas and Don have committed affray by fighting at the party.
    (b)
    Ahmed has committed affray by shouting at Ben, Costas and Don.
    [10]
    (c)
    Ghulam has committed affray by throwing the bottle out of the window.
    Source material:
    Public Order Act 1986
    Section 3 Affray
    (1)
    A person is guilty of affray if he uses or threatens unlawful violence towards another and his
    conduct is such as would cause a person of reasonable firmness present at the scene to fear for
    his personal safety.
    (2)
    Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken
    together that must be considered for the purposes of subsection (1).
    (3)
    For the purposes of this section a threat cannot be made by the use of words alone.
    (4)
    No person of reasonable firmness need actually be, or be likely to be, present at the scene.
    (5)
    Affray may be committed in private as well as in public places.
    (6)
    A constable may arrest without warrant anyone he reasonably suspects is committing affray.
    (7)
    A person guilty of affray is liable on conviction on indictment to imprisonment for a term not
    exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not
    exceeding 6 months or a fine not exceeding the statutory maximum or both.
     
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