Caroline Flack

[Ablemabel]

Genuinely: if you throw something in someone’s general direction, is it a defence to say you didn’t mean to hit them?

It's a very long time since I studied criminal law, but IIRC the answer is no. If you do something intentionally or recklessly you are equally culpable.

ETA: (off topic but the Brown case they mention is a case and a half - indelible on my brain )


Battery / common assault
Section 39 Criminal Justice Act 1988 (CJA 1988)
Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Battery is committed by the intentional or reckless application of unlawful force to another person. These are two separate offences, placed on a statutory footing by section 39 CJA 1988. Where battery is selected it should be charged as “assault by beating”: DPP v Taylor and Little [1992] Q.B. 645.

Where the offence amounts to domestic abuse, prosecutors should have regard to section 39A CJA 1988 which extends the usual summary time limit in certain circumstances. For further information see the Domestic Abuse prosecution guidance.

Consent is a defence to battery (see Brown, below). Reasonable punishment is a common law defence to battery in England, confined to battery by section 58 Children Act 2004. It is not a defence in Wales: Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020. Educational establishments may not give corporal punishment to children: section 548 Education Act 1996 (but may use reasonable force for specified reasons including preventing an offence: section 93 Education and Inspections Act 2006.

 

[Gee_whip]

Caroline’s mum taking part in the Sun awards ceremony and now deciding she was being used makes me very cynical 🫠 so the tabloids were the demons all along but you partnered up with the Sun to present an award but you “weren’t thinking”. I know she was grieving but wouldn’t you avoid anything to do with the Sun when they printed material you felt contributed to your daughters death she obviously knew she’d have to address it in the documentary and had a prepared story about feeling used…

 

[NotPerfect]

I have not watched but the coverage all over my socials today. It’s all so sad. I know a lot of us would do it, but not everyone would look at their partner’s phone. It’s probably a reflection of the relationship being insecure. As someone who has had a lot of therapy, I like to think I would now protect my own peace and ask about it the next day. I know there was probably booze etc on board and she must have felt so threatened and terrified of losing him to go straight into such a state. It’s so sad that an all of this could have been avoided in so many different ways. She obviously had issues and went into some sort of immediate meltdown down. Nobody could have predicted the covid lockdown coming soon after, it might have distracted from the whole thing and given here some time to sort herself out. I’m pretty sure I remember that in the lead up to her suicide her friends had called for some sort of medical intervention, that the medics had spoken to Caroline and that she turned down their intervention. In so many ways it was all avoidable, it’s so sad. We’ve all thought we’d completely lose it over some break up and you look back thinking that person….they were never worth it and never worth the pedestal we put those we love on.

 

[LadyWeatherwax]

Genuinely: if you throw something in someone’s general direction, is it a defence to say you didn’t mean to hit them?

Arguably, and that's the purpose of a trial, I suppose - to establish (and convict on) intent. I could get pissed off with my crappy work laptop tomorrow, throw it against a wall, it bounces off the wall, hits my colleague and fractures her skull. I guess the question is whether a jury would convict me on GBH if my intention wasn't to hurt her.

It would be the same thing with Caroline; did she throw the phone at a wall out of frustration and it subsequently hit *him*, did she throw the phone in his direction, or did she deliberately hit him with the phone? We'll never know now, because he was allegedly asleep, and she can't answer the question.

 

[YouDoYouHun]

I may be wrong but I’m sure Mollie was one of the friends that were banned from the funeral, alongside Lou & Lewis. And now, she’s super friend in this documentary? Call me a cynic but I’m sure it’s nothing to do with her producer/TV influence…

I thought this too! Are Mollie and Lou still friends?

 

[Sparkly23]

My 2 cents FWIW - after the initial suicide attempt when she was in the thick of the scrutiny, they should have thrown absolutely everything at getting her into a proper healthcare institution where she would have been looked after and observed 24/7 and gotten round the clock therapy and medication. They could have framed it as total protection from press and it wasn't like she didn't have the money to cover it. Like Winehouse 10 years before, everyone around her and of course she herself was WAY too wrapped up with protecting the cash cow and the celebrity name - in that level of crisis, if that was my daughter or best friend - duck that. They obviously all knew she was a ticking timebomb and were seriously worried she might succeed in taking her own life. This worshipping of celebrity is an albatross everyone falls for - so you're in the papers sometimes. Is that really worth protecting if someone is leaning over the edge?

 

[ChastityDingle]

New thread.

Caroline Flack #2

New thread. Old thread here. https://tattle.life/threads/caroline-flack.4994/

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