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 is more then just the act itself. It also recognises the circumstances and consequences of the offence. Basically it saying all the other elements of the offence apart from the mental element. There can be two categories where crime can be divided into: - Conduct crimes where in many instances the mere conduct of the accused may be enough to show that the actus reus has been committed. - Resu......(short extract)
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Details: - Mark: 68% | Course: Criminal Law | Year: 2nd/3rd | Words: 2489 | References: Yes | Date written: March, 2008 | Date submitted: April 18, 2009 | Coursework ID: 475
