Home Alone has always been regarded as a Christmas spectacle. Somehow in Home Alone 2, Kevin McAllister found himself lost in New York. Whilst some will focus on the parents’ negligence for allowing a young 9-year old Kevin to board the wrong flight, others have taken the more radical approach of focusing on the Criminal behaviour of this fast-thinking, criminal mastermind.

As we embark on the criminal timeline of Kevin McAlister, it does not take long for his criminal conduct to begin. After Buzz humiliates Kevin in front of the entire family, Kevin responds with a s39 Offence against the Persons Act (OAPA) 1861. Just your typical family squabble.

As Kevin stumbles around New York, he seeks to secure a suite at the Plaza, using his father’s credit card, fraud by false representation (s1 Fraud Act 2006) to add to the indecent behaviour by 9-year-old Kevin McAllister.

Before long, Kevin sets off on his path to cause havoc and setting off the shop alarm by throwing a brick through a window. In the absence of a defence of necessity, it would be difficult for Kevin to avoid a charge of criminal damage.

After attempting to avoid the Wet Bandits (a pair of bumbling burglars), Kevin spills beads over the pavement causing them to fall, amounting to reasonable, if unorthodox, self-defence. However, Kevin’s actions to create a diversion by pinching a lady’s bottom would be deemed a sexual assault.

There is no escape from this one, Kevin McAllister takes his criminal behaviour to new heights by throwing bricks at the heads of the Wet Bandits. Kevin causes and intends to cause serious Grievous Bodily Harm (s 18 OAPA 1862) with this action, and some may even view this as attempted murder.

It is not long before Arson is committed, as Kevin seeks to endanger the life of the bandits by setting fire to the Kerosene-soaked ropes that he has lured the bandits onto.

For attempts to inflict GBH with intent, Kevin, with the heavy mitigation of youth and the fact that he was, after all, being threatened by madmen, will nevertheless be found dangerous.

In fairness, it should be pointed out that an 8 or 9 year old cannot be prosecuted in the UK, although his parents almost certainly would be. For further details on the full range of legal services offered by Audley Chaucer, please contact John Szepietowski www.audleychaucer.com

Joseph Beams


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