Roger is a heroin addict. One evening in May 2016, he approached a woman who was walking along a quiet street in Dublin. He tried to snatch her handbag but she resisted. He then kicked her, pinned her up against a wall, forcibly took her handbag and ran away with it.
The bag contained some cash which Roger later used to buy heroin. He had consumed a great deal of alcohol throughout that afternoon and had injected himself with heroin shortly before committing the attack. When interviewed by the Gardaí́, he said that he had only a vague recollection of the entire episode as he was “out of his mind” on drink and drugs.
You have been asked to advise as to the charge(s) that may be brought against Roger in these circumstances and, also, as to any defense which he might have to any such charge that may be brought?
2. One evening in January 2018 when Frank was 13 years of age, he was at a party in a youth club when he got into a dispute with Sean, also aged 13 at the time. At one point during their argument, Sean said to Frank: “It’s well known you are a Traveller”. He then repeated that assertion, using more insulting terminology. Frank reacted by picking up a breadknife which happened to be lying a table next to him.
He stabbed Sean twice with the knife and Sean died soon afterward from the stab wounds. When questioned by the Gardaí, Frank said that he had become so infuriated at Sean’s remarks that he “just lost it”, and that this explained why he reacted as he did. Frank, who is not in fact a member of the Travelling Community, has now been charged with Sean’s murder and he has sought your advice as to any defense (s) he may have to that charge. Advise Frank.
3.“Whether consent is a defense t to a criminal charge depends on the nature of the charge and the capacity to give consent of the person from whom it is sought.”
Critically evaluate the above statement concerning the defense of consent examining the circumstances and the specific offenses in which consent may or may not be a defense?