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Scottish Bar Examination (Sjoblom, Leif)
(chuckle, forwarded)

The following exercise appeared on the Scottish Bar Exam a few years back. You would probably not find this in North America :->


Angus drops into the "Govan Arms," a trendy wine bar in Glasgow, with three of his friends. The bar's speciality is an "E1 Dorado cocktail," a lethal combination of fortified wine and vodka. Bruce, who has never before been in a pub and is a strict teetotaller, is told by Angus that the concoction is alcohol-free; Bruce agrees to try one. Calumn, who is perfectly aware that the brew is potent, also accepts Angus's offer of a drink. Angus and Donald beforehand have agreed to liven things up by "spiking" the drinks of the other two. Angus asks the barman to add three more double vodkas to each one pint glass of the cocktail, and then himself throws in a couple of LSD tablets. Angus and Donald stick to Coca Cola.

The order is repeated, and again, Angus adds vodka and LSD. Both Bruce and Ca1umn feel "high." In the toilet, Bruce is accosted by Edgar who places his hand on Bruce's thigh, and says, "what about it?" Incensed, Bruce lashes out. Edgar hits his head on the stone floor, and is killed instantly. Donald, meanwhile, has gone into the back room with the 1andlord's daughter, a pretty young thing who claims to be 18 (but is indeed only 14), and who explains her school uniform as an indication merely that she is a slow learner. The two are engaged in sexual intercourse when the barman, Fred, enters. Calumn steps in to defend Donald. He challenges Fred to “step outside” for a man-to-man fight. This "square go" (in local parlance) results in Angus, Bruce and Donald watching and encouraging while Ca1umn hits Fred repeatedly. Calumn is a sportsman: once Fred is lying on the ground, he walks away. However, the other three then join in by kicking Fred, while Angus produces his handy 6" sheath knife which he sticks in Fred's thigh.

Fortunately. Dr. Nesbit is on hand in the pub, sitting in his usual corner surrounded by empty glasses. Dr. Nesbit already has had more than his daily allowance of lager, but nonetheless proceeds to take charge of the situation. His sight is not as good as it once was; his hand shakes; and his memory of medical knowledge is rather rusty. Attempts at stopping the flow of blood are unsuccessful, since force is being applied to the wrong pressure points. After half an hour, Nesbit acknowledges defeat, and calls for an ambulance. Fred dies en route to the hospital.

Consider whether any breaches of the criminal law have occurred. (30 marks)

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