answer at least ONE question from PART A, at least ONE question from PART B, and a third question from either PART A or PART B,
a1.‘It is wrong in principle for the law to hold a person responsible for causing a result that he did not intend or foresee, and which would not have been foreseeable by a reasonable person observing his conduct.’ Critically discuss in relation to unlawful act manslaughter.
a2. The doctrine of oblique intention is over-inclusive with unjust results.’
Critically discuss the above statement in relation to murder.
a3. ‘The Sexual Offences Act 2003 ensures that justice is delivered to complainants of rape.’
Critically discuss the above statement, making reference to the law and academic discussions.
a4. ‘The partial defence of loss of control is defined in a coherent and principled way, and produces fair results.’
Critically discuss.
a5. ‘The defences of duress and necessity are very narrowly defined not for any principled reason but, rather, because they would otherwise threaten the foundations of criminal law.’
Critically discuss. (Your answer may focus more on duress or on necessity, or on both equally).
b1. Jeremy, a malicious joker, blows into a paper bag and explodes it behind Angela’s back. Angela suffers from a rare condition whereby unexplained noises trigger a dangerous increase in her heart rate. In hearing the explosion, Angela’s heart rate increases. Angela collapses to the ground. Jeremy in noticing Angela collapsing gets scared and runs away. A passerby, Tim, notices Angela collapsed on the ground, but he is rushing to get to work so he walks away without phoning for an ambulance. Mary who is working in a nearby cupcake shop, in noticing Angela on the ground instinctively phones for an ambulance. Angela is taken to hospital. Dr Corbyn attends to her. He immediately orders the administration of drug X that will reduce her heart rate and orders that she stays at least one night in hospital for observation. He is very busy, so he forgets to write down on her records that she is allergic to drug Y, a drug that also reduces heart rate. Angela stabilizes overnight. In the morning, Dr Jones, covering the morning shift, orders the administration of drug Y. Angela suffers a severe allergic shock and dies.Discuss any possible criminal liabilities arising for Angela’s death. You should restrict your discussion to issues of actus reus.
b2. Anita is walking in Oxford Street. She enters the shop H&M where she sees a nice summer top. She enters the changing rooms and tries the top on. She really likes it, and does not take it off; she wants to pick up another top that she saw before and try it on too. Anita goes around the shop and decides that she will come back another day. On the tube, Anita notices that she is still wearing the top from H&M, although she did not pay for it. She feels really bad so she decides to send some money to a charity that she has been supporting. On the way home she decides to collect her Rolex watch from the shop where she left it to be mended. At the shop, Bob the owner is not at the counter; instead, Billy, his 12-year old son, is there. Anita says to Billy that she is going to take her watch and come back later to pay Bob; Billy says that his father does not allow this, but she takes the watch anyway, saying, ‘it is mine after all!’.Assess any possible criminal liabilities arising for Anita.
b3. Rubi and Nelson planned to rob a bank. Unknown to Nelson, Rubi took a gun with her. Nelson knew that Rubi’s father owned a gun, but Rubi never spoke about that. At the bank, Rubi was in the bank manager’s office threatening him and demanding money, while Nelson gathered the other people in the bank into another room. Nelson did not use any violence or threat. After 10 minutes, Nelson heard a shotgun fired, and he saw Rubi running out of the bank manager’s office. She signalled to him to get out. That evening Nelson turned on the TV; from BBC news he learnt the following: 1. The bank manager was shot and killed; 2. One of the people gathered in the other room (by Nelson) had been so deeply affected by the event that she self-harmed, causing severe wounds. She was subsequently diagnosed with a personality disorder also triggered by the above event.Assess Rubi’s and Nelson’s possible criminal liability (ignore in your analysis the offence of robbery).
b4. Terry lives alone in a large house in the country. He has been the victim of burglaries in the past, and now keeps a loaded shotgun by his bed. One night, he hears a noise downstairs and, picking up his gun, goes to investigate. When he gets downstairs, he finds three young boys – Jason, Arnold, and Mark (who is Black) – in his kitchen. None of them have any weapons in their possession. Jason runs towards Terry, shouting and waving his arms in the air, hoping to frighten Terry away; Arnold runs towards the open back door, shouting ‘let’s get out of here!’; Mark panics and freezes. Terry shoots all three of them, and then calls an ambulance and the police. Terry is arrested; Jason, Arnold and Mark are taken to hospital, where all three die later that night as a result of their wounds.
During the police interview, when asked why he shot Jason, Terry says: ‘I just reacted on instinct – he was coming at me like a madman. I probably went over the top, but what do you expect in the heat of the moment?’ When asked why he shot Arnold, Terry says: ‘I assumed he was going to gather his mates and come back on another night to get me.’ When asked why he shot Mark, Terry says: ‘I thought he had a gun.’ When asked why he thought Mark had a gun, Terry says: ‘I just tend to think that most Black boys carry weapons. I know that might sound racist, but it’s just how I see things.’ Terry denies having lost his self-control and has no recognised medical conditions. Assess Terry’s criminal liability.
please use cases, books and reference using OSCOLA referencing
total of 2000 words for whole assignment (word count does not include referencing or bibliography)