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Question: Explain what the current law is relating to the defence of consent to non-fatal offences against the person and critically analyse the approaches taken by Lord Templeman and Lord Mustill in R v Brown [1994] 1 AC 212.

“In principle there is a difference between violence which is incidental and violence which is inflicted for the indulgence of cruelty.” Per Lord Templeman in R v Brown [1994] 1 AC 212.

“What I do say is that these are questions of private morality; that the standards by which they fall to be judged are not those of the criminal law…….. I regard the task as one which the courts are not suited to perform, and which should be carried out, if at all, by Parliament…. The only question is whether these consensual private acts are offences against the existing law of violence. To this question I return a negative response.” Per Lord Mustill in R v Brown [1994] 1 AC 212.

Word Count - 1204

Answer: Non-fatal offences are “crimes against a person which do not result in death”. Sir John Smith Famously described non fatal offences as “ragbag”2. According to the Offences Against the Person Act 1861...


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1204 | References: Yes | Date written: November, 2019 | Date submitted: April 05, 2021 | Coursework ID: 1079

Question: ‘Woollin provides a clear and fair definition of intention, marking a great improvement upon previous case law.’ Discuss.

Answer: The concept of intention in criminal law is one of much debate and ambiguity. Although its legal meaning is to be considered by the jury the same as its ordinary meaning, this...


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 933 | References: Yes | Date written: January, 2020 | Date submitted: April 09, 2020 | Coursework ID: 1066

Question: Jack and Jill have been married for 4 years. Jill has a 7-year-old daughter from a previous relationship but has been unable to conceive a much longed for second child with Jack.

Over the past year, Jill has been drinking heavily and has become increasingly abusive and violent towards Jack while in this state. Jill typically accuses Jack of being a useless, impotent, failure who cannot give her a child and repeatedly goads him about her former partner’s sexual prowess and reproductive ability. Her violence towards Jack has escalated from punching and kicking him to biting him and beating him with whatever household item is closest to hand. Jack has responded to the various modes of assault by restraining her arms, pushing her away and trying to disarm her of whatever item she is using as a weapon.

On this last occasion of verbal abuse and violence, Jill has told him that she intended to go back to her previous partner, who she described as “a real man who knows how to satisfy a woman”. She then lunged blows at Jack’s head with her daughter’s hockey stick.

Furious and also in fear of violence, Jack “snapped”, tore the hockey stick out of her hands and brought it down repeatedly on Jill’s head until she collapsed on the sofa.

Consider Jack’s criminal liability and any defence(s) he may have in relation to BOTH possible outcomes set out below:

Outcome 1) As a result of Jack’s actions, Jill suffers a fractured skull and brain injury from which she dies
AND
Outcome 2) As a result of Jack’s actions, Jill suffers a fractured skull and brain injury but survives after medical treatment.

Answer: Outcome 1) To be liable for any homicide offence the defendant must cause the death of another human. The required actus reus of homicide as a result crime, is that the defendant’s...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1998 | References: Yes | Date written: January, 2019 | Date submitted: March 11, 2019 | Coursework ID: 1054

Question: Assignment Title: “The International Legal Regime Against Drugs Has Enabled Drug Trafficking Organisations To Flourish.”

LW886: Transnational Criminal Law, University of Kent

Table of Contents
Introduction 3
Transnational Criminal Law on Drug Trafficking 4
Transnational Laws on Corruption, Money Laundering and Drug Trafficking 4
Human Rights and the Transnational Regulatory Framework on Drug Trafficking 5
The International Legal Framework on Drug Trafficking 6
Problems with the International Drug Policy 7
Obsolete Provisions on Regulation of Drug Trafficking 7
Enforcement of International Drug Trafficking Laws 9
Criminal Intelligence 9
The Perspective and Response of the United Nations General Assembly Special Session on the Challenges in Combatting Drug Trafficking 10
Relationship between Development of International Drug Control Regimes and the Flourishing Drug Trafficking Organisations 11
Critical Approach 13
Conclusion 15
Table of Cases 17
Table of Legislation 17
Bibliography ........................................................................................................................ 18

Answer: Introduction According to the United Nations (UN), drug trafficking refers to the engagement in the manufacture, distribution and purchase of the substances, which are prohibited by any legal regime. Article 4 of...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 5434 | References: Yes | Date written: December, 2018 | Date submitted: February 19, 2019 | Coursework ID: 1051

Question: Legal Process Major Assignment

Contents
Summary of relevant facts: 2
The issues 2
Rules and Application 2
Sparrow v Tortoise 2
Victorious v Medic Pty. Ltd 3
Smashead v Crumble 4
Careless v Johnson 5
Meathead v Varoom 5
Cactus V Orchid 6
Sneaky v Tantrum 6
Conclusion 7


Summary of relevant facts:
Janet has a black belt in martial arts and was known to be able to take care of herself, she was employed by Rattlecar as a casual night watchperson and had been given strict instructions not to assault or restrain an intruder, at most just to attempt to scare them off, and to trigger the alarm, then immediately call the police.

Events unfolded on the forecourt of Rattlecar’s workshop, where Janet’s own car was being stored as it was being worked on during the day within the workshop. Janet’s car was her pride and joy and she spent every spare cent on parts for the car and every spare minute working on the car. On the evening in question unknown to Janet, Gordon Bloggs had arranged to collect his car from the premises after work. When he arrived at Rattlecar he was knocked to the ground by Janet, who continued to hit him until Kelvin intervened. Gordon Bloggs was suffered seriously injures while at the premises of Rattlecar. Janet’s employment was subsequently terminated.

The issues
The main issue is whether Rattlecar as employer is vicariously liable for the conduct of Janet, its employee, in respect of the injuries suffered by Gordon Bloggs at the premises of Rattlecar on the date in question.

Answer: Rules and Application Sparrow v Tortoise Rattlecar employed Janet as night watchperson as she had a black belt in martial arts and was known to be able to take care of herself....


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1814 | References: No | Date written: Not available | Date submitted: April 14, 2018 | Coursework ID: 1046

Question: Andrew is at a restaurant with his partner Billy. Carla the waiter spills soup over Billy. Andrew is furious and tries to slap Carla, but Carla steps back out of the way. As Carla steps back, Billy trips her up, and Carla falls to the floor, hitting her head hard on the table as she falls down. While Carla is lying on the floor, Andrew kicks her, breaking her ribs and causing internal injury. Andrew and Billy then walk away. It is five minutes before Carla is found by another waiter. An ambulance is called, but by the time it arrives, Carla is dead.

Advise Andrew and Billy.

Answer: Carla: Spilling soup upon someone could be considered as battery. This is defined in s39 of the Criminal Justice Act 1988 as intentionally or recklessly inflicting unlawful personal violence upon the victim....


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Details: - Mark: 78% | Course: Criminal Law | Year: 1st | Words: 1223 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1040

Question: Alan decides to protest against NHS reforms by placing a firebomb in his local hospital. He spends some time working on the bomb to ensure that there will be a delay before it is detonated, so that he can phone in a warning and allow time to evacuate the hospital. Having hidden the bomb in the hospital, he then decides not to ring the police to warn them about the bomb.

The firebomb goes off. Evan is badly burnt in the fire. He is taken to a neighbouring hospital and requires a blood transfusion. Evan has an intense fear of blood, for which he was receiving psychiatric care before the bombing. He refuses the blood transfusion, and dies.

Doris, a member of staff is present when the fire starts. Doris runs away, leaving behind a young child, Toby, who she was treating, because she can’t be bothered to carry him. Toby is severely injured in the blaze. He is kept on life support, unconscious, for six months before doctors decide to discontinue life support, whereupon he dies.

Advise Alan and Doris on their liability for murder. Mark 70%

Answer: To determine their liability for murder, the prosecution needs to establish whether Alan and Doris had the actus reus and mens rea for murder and that these coincided in time. The actus...


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Details: - Mark: 70% | Course: Criminal Law | Year: 1st | Words: 1431 | References: Yes | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1020

Question: Rita is a diabetic. One morning, on the way to work, she is raped by John. Despite being traumatised by the rape she makes her way to work. A little later, while sitting at her desk, she succumbs to hyperglycaemia, having forgotten to take her insulin due to the trauma of the rape. She becomes very confused. Moeen, a male colleague, notices that Rita is looking unwell. He goes over to her, puts his hand on her shoulder and asks her if she is all right. Rita, in her confusion, thinks Moeen intends to rape her and so punches him in the groin.

David sees this happening and, assuming wrongly that Moeen was harassing Rita tells Moeen ‘to pick on somebody your own size and gender’. An argument starts and they agree to ‘settle things’ in the boxing ring in the work’s gym. They fight together one evening and each suffers cuts and bruises.

Discuss.


Criminal Law (68%) - Offences Against the Person Problem Essay (1st year LLB)

Answer: Introduction In the incidents outlined in the question, each person acts in contravention of the Offences Against the Person Act 1861 (OAPA 1861) . I will examine the criminal liability of Rita,...


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Details: - Mark: 68% | Course: Criminal Law | Year: 1st | Words: 2199 | References: No | Date written: February, 2017 | Date submitted: March 27, 2017 | Coursework ID: 1009

Question: PROBLEM QUESTION FOR LW601 ADVANCED CRIMINAL LAW (2015/16)

Paul and Donna have been married for seven years. The marriage has been in difficulty related to the fact that they have been unable to have children. Donna has developed depression for which she now takes medication. Paul begins having an affair with Jane, who soon becomes pregnant. When Jane is eight months pregnant, Paul comes home and tells Donna that he has been having an affair. He declares that he is leaving her for Jane, ‘who, unlike you, is not a barren, whiny woman’.

Donna is distraught and sits at home, brooding on her fate and forgets to take her medication. Later that night, having found details on Paul’s Facebook page, Donna goes to Jane’s house. She pushes a lighted rag through the door. The house catches fire. Paul dies instantly while Jane is brought to hospital critically ill due to suffocation. She goes into labour and the baby is delivered. Moments later Jane dies. The baby survives on life support for three months before dying.

Discuss the criminal liability of Donna for the deaths and any defences that might apply.

Answer: Introduction After studying the question of Donna’s criminal liability as it relates to the case, I have found her to be guilty of the murder of both Paul and Jane, while guilty...


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Details: - Mark: 65% | Course: Criminal Law | Year: 1st | Words: 1404 | References: Yes | Date written: February, 2016 | Date submitted: December 02, 2016 | Coursework ID: 995

Question: eTMA 06 Consider the criminal liability of Len, Gemma and Dwayne.

W201 Law: the individual and the state

Scenario
Len is about to retire from running the family business, a café at a seaside resort. His children are not interested in carrying on the business so Len decides to put the café up for sale. He markets the café himself at a price of £80,000.

Juliet has just finished a Business and Management degree and wants to buy the café. Len tells Ju-liet that the café has traded at a profit for the past 3 years. In fact, last year the café made a loss of £1,987 but Len is worried that Juliet will not buy the café if she knows the true facts about its profit-ability. Juliet asks to see the accounts and when Len tells her he cannot find them, she realises that Len is lying and decides not to proceed with buying the café.

Whilst he waits for someone to buy the business, Len carries on working in the cafe. On a busy Sunday, he takes an order for Gemma and Dwayne who are on holiday from abroad. Gemma and Dwayne have run out of money but are very hungry. They went into Len’s café hoping that they could eat their meal then slip out without paying. Gemma and Dwayne order a full English breakfast each with drinks. After they have eaten, Len brings the bill to their table. He says “Just pay at the till when you’re ready.” Gemma has enjoyed her meal and is having second thoughts about their plan not to pay. She says to Dwayne “I think we should pay up – we can use our emergency money – we don’t want to end up in an English jail.” Dwayne tells Gemma that they will not be paying and runs out of the café. As she has no money, Gemma walks towards the door of the café to follow Dwayne but Len grabs her by the arm and says, “No-one leaves my café without paying. We’ll let the police deal with this”.

Gemma manages to break free from Len and runs out of the café. When she meets up with Dwayne, Gemma shows him a large bruise on her arm where Len grabbed her.

Dwayne tells Gemma that before he left the café, he dropped his wallet on the floor. They agree that Dwayne will have to go back to the café to look for the wallet but Dwayne says, “How can I do that without that guy remembering I ran off without paying?” Gemma replies “I don’t know, you’ll have to break in after he closes I suppose.”

Dwayne and Gemma agree that Dwayne will go back to the café to look for the wallet. Gemma stays at their hotel but, before he leaves, she tells Dwayne “See if there is an open window you can climb through – please don’t break in unless you have to you’ll just make things worse – and what-ever you do, don’t hurt anyone.” Dwayne replies, “don’t be stupid, of course I won’t hurt anyone.” Reassured, Gemma waves goodbye to Dwayne.

When Dwayne gets to the café he smashes a small pane of glass in the door so that he can reach his hand in to unlock the door. He puts his arm through the broken pane and unlocks the door. Dwayne goes into the café but cannot find his wallet. Just as he is preparing to give up the search and leave, Len walks into the café. He recognises Dwayne and shouts, “What are you doing here?” Dwayne grabs an ornamental sword which is hanging on the wall of the café and stabs Len in the arm. Dwayne drops the sword and runs off. Len’s arm is bleeding heavily after the attack. He goes to the accident and emergency department of the local hospital where his cut is treated and stitched with 5 stitches.

Answer: CRIMINAL LIABILITY OF LEN: Fraud is an offence contrary to s.1 of Fraud Act 2006. There are three ways fraud can be committed and this is set out under Section 1( 2),(3)...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 2276 | References: No | Date written: November, 2014 | Date submitted: November 04, 2016 | Coursework ID: 991


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