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Discuss the potential criminal liability that Brain might face. Would your answer be any different if (a) the canister contained highly flammable material rather than weed killer? (b) Brian gave up the enterprise when he heard a noise?  

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Full Time Coursework Assignment - Semester 1 Student Number: 0523961 Course Title: LLDip/CPE Module Title: Criminal Law Word Count: 2744 Assignment Question Victor had won the largest marrow (vegetable) competition for the last three years in a row. Brian was jealous and decided to destroy the marrows. He filled a metal canister with weed killer, which would slowly kill the marrows. Brian arrived at Victor's home and watched the house from across the road. Unknown to Brian he was at the wrong home, which did not have a vegetable garden. When no-one was around, he approached the side gate and tested the lock. Brian heard a noise before he could enter the garden. He ran back to the road where he saw Victor riding a bike with a small trailer containing vegetables. He threw the canister at the marrows in the trailer but missed. (Victor was not aware that anything was thrown at him). Discuss...

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