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Criminal Law

Question: BA Hons Law 2nd Year
Course Unit - Criminal Law

With reference to the rationale of the defence and its parameters consider critically the courts’ unwillingness to accept duress as a defence to murder.

Answer: It has long been a principle of English law that duress cannot be a defence to murder. According to Blackstone, a person under duress “ought rather to die himself than escape by the murder of an innocent”. This principle has been consistently reaffirmed in case law, most notably by the House of Lords in Howe. The defence o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: “In spite of the many policy failures we have recounted, we remain convinced that diversion and decarceration are desirable and achievable goals”.

Critically evaluate the effectiveness of community forms of punishment in the context of these stated goals.

Answer: The simple truth is that prisons do not work, either as effective punishment or as a means of ensuring the safety and stability of the community. Of the primary functions of prison – incapacitation, punishment, deterrence, stigmatisation, and rehabilitation – only incapacitation cannot properly be achieved by alternative methods.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically evaluate the modern approaches to the definition of ‘intention’ in English criminal law.

Answer: In general terms ‘intention’ in English criminal law refers to foresight of particular consequences and a desire to act or failure to act so that those consequences occur. It is distinguished from ‘recklessness’ on the subjective basis that, there is foresight but no desire to produce the consequences. The perennial issue for the courts however, has been the uncertainty surrounding the bas......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Does English law recognise a general defence of necessity?

Answer: The general defence of necessity, in English law, recognises that there may be situations of such an overwhelming urgency, that a defendant maybe excused breaking the law. There have been very few cases in which the defence has succeeded but the Crown Prosecution Service tends to exercise a discretion not to prosecute those cases where it believes that the potential defendants have acted reasonabl......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: In what circumstances will a mistake relieve a defendant of criminal liability?

Answer: In certain circumstances a mistake may operate as valid defense against criminal liability because, although the defendant has committed the actus reus of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea required to constitute the crime. However, in instances where mens rea is not a requirement for a crime, it does......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically assess the way in which the Judges have differentiated between the concepts of intention and motive in Criminal Law.

Answer: The maxim, ‘Actus non facit reum nisi mens sit rea’ is sometimes said to be the fundamental maxim of the whole criminal law and its literal translation of ‘the deed does not make a man guilty unless his mind be guilty’ provides us with the starting point with which to examine the mental element of crime - mens rea. Lord Scarman in Gammon stated that ‘…there is a presumption of law t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CRIMINAL LAW ASSIGNMENT 1
Question 1:
Role;
You are a Legal Assistant at Slick, Sharpe and Greasee Solicitors in Bradford West
Yorkshire. You have been instructed by Khotha your supervisor to prepare a report on the
following case scenario:
Scenario:
Callous and Julia are the parents of Samantha, a newly born and severely handicapped
baby. Both parents instruct the doctors in the hospital where Samantha is kept to give her
no more treatment. They say that if she is not allowed to die, they will not take her home
and care for her. The doctors reluctantly agree to withdraw treatment and Samantha dies.
Tasks:
a. Advise Callous and Julia of their criminal liability.
b. Advise the doctors and the Health Trust of their criminal liability.
c. If criminal proceedings are brought against the above mentioned on whom will the
burden of proof lie and what standard of proof will be required to discharge the
burden.
Question 2:
Role:
You are a Assistant Prosecuting Officer and have been instructed by Gettum, your
supervisor, to prepare a report on the following case scenario:

Scenario:
David is the manager of a local textile business. He is married to Maggie the owner of
Eatwell House, a local restaurant. At present David is having an extra marital affair with
Lucy, a waitress at Maggie\'s restaurant. One evening at Eatwell House, whilst Maggie
and David were celebrating their wedding anniversary, Maggie discovers that David has
not been faithful to her. He had even planned to leave Maggie and go abroad with Lucy. In a fit of fury Maggie hits David head with a frying pan and David starts to bleed
profusely. Lucy runs to help David but Maggie pushes her out of the restaurant.Maggie
tells her that she is sacked and should stay away from both Eatwell House and David.
Tasks;
a. Advise Maggie as to her criminal liability in respect to the injuries caused to
David.
Which offences do you think Maggie may have committed?
b. What offences if any did Maggie commit in relation to Lucy?
c. If criminal proceedings are to be brought against Maggie what type of evidence
will be important to prove the case?

Answer: TASK ONE Findings: [A] My advice to Callous and Julia in regards to their criminal liability and the [B] Doctors and the Health Trust criminal liability: Criminal liability To establish criminal liability there are three basic elements to be proved they are guilty conduct (actus reus), guilty mind (mens rea) and the absence of any defence. These may vary in different offences. Actus reus i......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CRIMINAL LAW ASSIGNMENT 2
Question 1:
Role;
You are a Legal Assistant at Cash, Green and Money Solicitors in Bradford West
Yorkshire. You have been instructed by Greed your supervisor to prepare a report on
the following case scenario:
Scenario:
Crook is having financial difficulties. He decides to rob the Bradford Royal Bank.
Crook informs Andrew about his intentions and asks for his help, saying that they will
share the proceeds. Andrew says that he will be very happy to help and would want
50% of the proceeds for his assistance. The next day Andrew, informs the police of
the proposed plan. Crook is arrested.
Tasks;
a. Advise Crook of his criminal liability.
b. Advise Andrew of his legal liability.
Question 2:
Role;
You are a Assistant Prosecuting Officer and have been instructed by Killum, your
supervisor, to prepare a report on the following case scenario:

Scenario;
Jack a local club owner is married to Jane who works as an instructor at Body Fit First,
the local keep fit centre. One day whilst both are having a row Jack swore at Jane and
threatened to kick her out of the house. Jane became angry and punched Jack. She had
not foreseen any serious harm resulting to him. However, to Jane\'s surprise, Jack falls
over and fractures his spine.
Tasks:
a. Advise Jane as to her criminal liability in respect to the injuries caused to Jack.
Which offences do you think Jane may have committed?
b. What offences if any did Jack commit?

Answer: TASK ONE Terms of reference: Below I have complied a report outlining Crooks criminal liability and Andrew legal liability. Findings: To establish criminal liability there are three basic elements to be proved they are guilty conduct (actus reus), guilty mind (mens rea) and the absence of any defence. An inchoate offence is an incomplete offence; one which is just begun or is undeveloped. ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: [For a practice to be subject to the criminal sanction] it is not enough in our
submission that [it] is . . . regarded as immoral. Nor is it enough that it
should cause harm. Both of these are minimal conditions for action by means of the criminal law but the are not sufficient.

Clarkson, CMV and Keating, HM, Criminal Law: Text and Materials,
London: Sweet & Maxwell, 1990, p 25.

Assess the validity of this assertion.

Answer: The above assertion suggests that, the belief that a practice is immoral or harmful should not alone constitute grounds for criminalisation. Rather a degree of rationality that focuses upon the possible advantages and disadvantages of criminalisation combined with a respect for individual autonomy should also guide criminal law.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How should the jury be directed in respect of the ‘objective’ element of the defence of provocation?

Answer: The defence of provocation is a special defence to murder contained in the Homicide Act 1957. It is referred to as a special defence as it only applies to the law of murder. It is also a partial defence as it does not provide a complete defence but can reduce a murder charge to a manslaughter charge.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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