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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: 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

Question: Last week a large number of environmental campaigners held a large scale demonstration at a coal-fired power station, owned by Berkshire Power plc (BPP). The demonstration was orchestrated by the pressure group ‘Save the Planet’ and was designed to highlight the contribution of such plants to climate change. A number of incidents ensued.

One of the protestors, Ahmed, attempted to climb over the perimeter fence. Bert, a security guard employed by BPP, grabbed Ahmed by his ankles and pulled him off the fence. Ahmed fell awkwardly and broke his arm. Cecily, another of the protestors, took photographs of Bert and later posted them on ‘Save the Planet’s’ website with the caption ‘If you know who this man is and where he lives let us know and someone shall pay him a visit.’

A large group of protestors gathered at the entrance to the power station. 150 police officers from the Berkshire Constabulary were deployed to hold the crowd back. A number of protesters hurled rocks and other missiles at the cabs of lorries making coal deliveries to the plant but, as a result of the police cordon, the missiles could not reach their targets. Nevertheless, one of the drivers, Dan, was greatly upset by what he had seen and feared for his safety.

One of the rocks, thrown by Ed, accidently hit another protestor, Fred, on the head. Fred was treated at the scene by a paramedic, Gina. Fred has a fear of needles and tried to fight off Gina when she attempted to administer an injection. Gina, thinking that Fred was delirious, ordered that he be held down whilst she made another attempt to administer the injection.

The police cordon was maintained for several hours with the result that Henrietta, a reporter covering the demonstration for a newspaper, was trapped and could not go home.

Consider what liabilities may arise from this scenario in trespass to the person.

Answer: Trespass to the person Introduction Trespass to the person involves direct interference with a person’s body or liberty and in its original legal meaning “trespass meant no more than wrong.” In other...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1243 | References: Yes | Date written: January, 2015 | Date submitted: December 17, 2015 | Coursework ID: 947

Question: Does English law deal consistently with the drug supplier whose client dies after a voluntary self-injection?

Answer: It is estimated that up to 3.000 deaths per year result due to drug overdose . The question of who should bear liability for these deaths inevitably arises. Undoubtedly the drug supplier...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1987 | References: Yes | Date written: October, 2014 | Date submitted: November 02, 2015 | Coursework ID: 936

Question: Critically discuss the relationship between law, autonomy and embodiment with reference to Bondage, Sado masichism and women in crime.

University of Exeter, Law LLB, Gender, sexuality and law.

Answer: “The function of law in a community is to articulate and maintain norms of behaviour of general application. This means that objective standards are inevitable.”1 This explains the way the law operates...


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Details: - Mark: 60% | Course: Criminal Law | Year: 2nd/3rd | Words: 3723 | References: Yes | Date written: January, 2015 | Date submitted: February 03, 2015 | Coursework ID: 902

Question: Headlines:

“Stalking to be made specific criminal offence – Cameron”
“Social network sites 'have duty' to stop cyberstalking”
“Denbighshire man harassed former partner on Facebook”
“Man cleared of Facebook stalking”4

The above headlines highlight the issue of stalking and the social media, in particular Facebook.


Discuss the issue of stalking committed via Facebook in relation to the following:
a) Whether the current provisions, in particular the Protection Against Harassment Act 1997, provide for adequate protection in instances of stalking on Facebook;

b) The practical realities involved in proving the actus reus and mens rea of stalking on Facebook if it is criminalized.

Answer: In the 21st century, it is not surprising that the Internet has evolved into an indispensable medium of communication in our daily life. It is a global medium without borders which connects...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 3206 | References: Yes | Date written: December, 2012 | Date submitted: January 27, 2015 | Coursework ID: 900

Question: Problem Question
Samuel was a schizophrenic who thought that he heard “voices” from heaven advising him how to live. He lived next door to David who was a scientist and an atheist. Samuel and David did not get along. Over a period of time, Samuel’s “voices” had been whispering to him that David was an evil brought there to destroy Samuel and all he loved. As such, Samuel was advised by his “voices” to kill David.

One night, Samuel broke into David’s house and gagged David and tied him to his bed before setting the bed on fire. David died.

Task:
You are required to answer both of the following questions:
a) Identify and discuss the possible defences which Samuel can rely on in relation to a charge of murder.

AND

b) “The possible available defences would have differed if Samuel had been intoxicated instead of schizophrenic.”

Using the factual problem as an illustration, critically discuss the effect of intoxication as being a form of an abnormality of mental functioning for the purposes of the defence of diminished responsibility in light of the Coroners and Justice Act 2009.

Answer: Murder, a common law defence, is defined as an unlawful killing of a human being under Queen’s peace the malice aforethought – Coke. The actus reus of the murder is killing a...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 3603 | References: Yes | Date written: November, 2013 | Date submitted: August 03, 2014 | Coursework ID: 883

Question: ASSESSMENT:
Leaving aside any offences for possession of drugs, discuss in detail the possible criminal charges which might result from this scenario. Remember to support your argument with statute or case-law as appropriate.


Problem Scenario:
Davie, Pete, Calum, Alan and Fiona have finished school and will be going off to university after the summer holidays. They decide to go off on holiday together, touring the Scottish Highlands. Most of the time, the group stay at camp-sites, but on one occasion, the camp-site is full, and they end up taking three rooms in a bed-and-breakfast. Davie and Pete have each had previous relationships with Fiona, and on occasion during the holiday, she agrees to have sex with one or other of them ‘for old time’s sake’.

Davie and Pete share one of the rooms in the B&B, and invite the others in to partake of a large quantity of alcohol and cannabis which they have brought with them. After several hours, the five are considerably under the influence of the substances which they have consumed. Alan, who has fancied Fiona for years, sits down beside her and puts his arm round her shoulders. When Fiona appears not to object to this, Alan begins to kiss her and she responds with enthusiasm. They become increasingly passionate. By this time, the pair’s activities have come to the attention of the other three, and Calum suggests to them that they should go to one of the other bedrooms.

However, Davie and Pete decide that they want to join in. Pete locks the door, and he and Davie go over to the bed where Alan and Fiona are by this stage undressed. Fiona sees the duo approaching and says to them, “Don’t even think about it – I’ve had enough of you two.” She turns back to Alan and they proceed to have sexual intercourse. Meanwhile Davie says to Pete, “We’re not going to let her get away with that.” Pete shakes his head.

When Alan and Fiona have finished, Davie and Pete haul Alan off the bed and begin to kiss and fondle Fiona, who is unable to fend them off. First Davie and then Pete have sex with Fiona, in spite of her struggling to stop them. In the hope that he might be able to join in, Calum goes over and prevents Alan from going to the aid of Fiona, and Davie tells him, “Another five minutes, then you can have a go.” However, Calum gets cold feet, and goes back to his own room. He does not tell anybody else what has been going on.

The following day Fiona reports the incident to the police.

ASSESSMENT:
Leaving aside any offences for possession of drugs, discuss in detail the possible criminal charges which might result from this scenario. Remember to support your argument with statute or case-law as appropriate.

Answer: Davie, Pete and Calum could be charged with a wide range of crimes under the Sexual Offences Act 2009. The crime of Rape was originally defined by Hume as the “the knowledge...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 2089 | References: Yes | Date written: November, 2012 | Date submitted: March 20, 2014 | Coursework ID: 843

Question: ‘The offence of theft was drafted to protect property rights and not exploitative behaviour, however despicable. Yet the House of Lords in the decisions on the meaning of appropriation culminating with Hinks [2001] appears to have lost sight of this. The result is an incredibly broad offence with far too much hinging on the concept of dishonesty.’ Discuss.

Answer: The offence of theft was made statutory in 1968 with the prominent intention of protecting property rights. However, legal theory inevitably differs from reality. On analysis of the Theft act, five conjoined...


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Details: - Mark: 62% | Course: Criminal Law | Year: 2nd/3rd | Words: 1414 | References: Yes | Date written: March, 2011 | Date submitted: April 24, 2013 | Coursework ID: 782


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