This assignment consists of ONE question split into THREE parts, A, B and C. You must answer ALL THREE parts.
Read the scenario and then answer the questions below.
Scenario
You are a solicitor for Arden Law LLP. You have had a busy day and have three new clients to meet. Your first client of the day is Sarah, she tells that you she was recently diagnosed a diabetic. She tells you that she was in a hurry to get to work and accidentally gave herself an insufficient dose of insulin and did not eat enough at breakfast. At work, Sarah became confused and dizzy. She violently hit a colleague in the face causing a bloodied nose and a black eye. She has no recollection of the incident.
Later that day, you meet your second client, Jake. Jake tells you that he is a diagnosed schizophrenic. He heard voices in his head telling him to kill his tutor because the tutor was a supremely evil deity. Jake stabbed his to tutor to death. Jake admits he intended to kill his tutor and figured that he would be imprisoned for it. However, Jake is adamant that he had no choice but to rid the world of the evil.
You meet the final client for the day, Duke, aged 15 years. Duke tells you that he has a sister called Melene. She is 21-years-old and a recovering drug addict. Melene is the mother of a six-month-old baby.
Duke is a member of a drug gang. Several months ago, Melene moved in with Ray, the drug gang’s self-appointed leader. Ray has several previous convictions for possession of drugs and offences against the person. Ray has a reputation for violence.
Melene is regularly assaulted by Ray but is frightened to leave him. Several days ago, Ray tells Melene to collect a parcel for him from a man in the town. At first, Melene refuses but Ray threatens to harm her baby if she does not go and collect the package.
Melene collects the package and brings it back to the flat. When Ray opens the package, Melene sees it contains a powerful handgun. Melene begs Ray to get rid of it but he warns her to keep it safe and hidden as he has to go out of town for a couple of days and that if she does not, he will ‘land her in hospital and her kid in care’. Melene does as she is told.
It transpires that the gun was used in the fatal shooting of a rival gang member. Duke is charged with the murder of the rival gang member as he pulled the trigger. Duke’s defence at trial is that he was forced to do so as to avoid harm to his sister.
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PART A
With reference to the scenario explain whether Sarah would be liable for the offence of assault occasioning actual bodily harm.
In doing so explain:
a) The of actus reus and mens rea of assault occasioning actual bodily harm.
b) Whether there are any defences available to Sarah. In your answer you should consider whether there are any defences which specifically relate to diabetes.
Provide reasons for your answers and support your answers with relevant legislation and case law.
(LO 1-3) (34 marks) (1000 words)
Part B
Write a letter discussing Jake’s liability for the murder of his tutor. The letter should be written in a professional manner and should address the following:
a) The actus reus and mens rea of the offence and whether Jake meets those elements.
Provide reasons for your answers and support your answers with relevant legislation and case law.
Part C
(2014) Vol 78 no 1 Journal of Criminal Law, 65)
(LO 1-3) (34 marks) (1000 words)
Kenneth Anderson describes disallowing duress as a defence to murder as a paradox (Anderson K, ‘The Paradox of Disallowing Duress as a Defence to Murder’
Looking at the issues raised in the cases of Melene and Duke in the scenario above, discuss and evaluate how the law on duress applies and whether it should be reformed.
Provide reasons for your answers and support your answers with relevant legislation and case law.
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(LO1-4) (35 marks) (1000 words)
Formative Feedback
You have the opportunity to submit a plan of your assessment to receive formative feedback.
The feedback is designed to help you develop areas of your work and it helps you develop your skills as an independent learner.
If you are a distance learning student, you should submit your work, by email, to your tutor, no later than two weeks before the actual submission deadline.
If you are a blended learning student, your tutor will give you a deadline for formative feedback and further details.
Formative feedback will normally only be given once and will not be given to work submitted after the deadline for submission has passed.
Guidelines
You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging academic research and ensure this is referenced using the OSCOLA system (See ‘Referencing Guide’ in the Study Skills Guide in My Resources). You must use the OSCOLA referencing method in your assignment.
Additional notes:
Students are required to indicate the exact word count on the title page of the assessment.
The word count excludes the title page, tables, figures, diagrams, footnotes, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count See ‘Word Count Policy’ on the homepage of this module for more information.
module and also in the Induction Area).
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