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A Level Law (Criminal) Assignment 6 - Murder

Task

You will be set one of the following questions:

 

1. 'The law relating to the mens rea of murder in England and Wales has now become settled through a series of judicial decisions which, taken together, have made it unnecessary for Parliament to legislate on the matter.'

Critically consider the truth of this statement.

(June 2001)

or

2. Rupert, a famous businessman, who is very heavily in debt, is being threatened with insolvency proceedings by his creditors. Without telling his family, he insures his own life to the maximum. He then places a bomb in his briefcase, which is not detected at airport security, and boards a passenger plane at Heathrow bound for New York. The bomb is set to detonate over the Atlantic, two hours into the flight. The plane develops engine trouble shortly after take-off and is forced to return to Heathrow one hour after take-off.

The passengers disembark and whilst they are awaiting the arrival of the maintenance crew, Patrick, a cleaner, boards the aeroplane. Rupert has left his briefcase on board. The bomb explodes and Patrick is killed.

Rupert has now been charged with murder. Discuss.

(June 2000)

or

3. Dimitri, the owner of The Eggson Face, an oil tanker, is facing financial ruin. He plants a bomb on the ship. The bomb is timed to explode in mid-Atlantic so that he can claim the insurance money when the ship is destroyed. He realises that when the bomb explodes, the ship will sink and cause loss of life.

Consider the criminal liability of Dimitri in the following circumstances:

(a) The bomb explodes killing Fred and Ted, two crew members.

Consider the criminal liability of Jim in the following circumstances:

(b) Following the explosion the ship begins to sink. Jim is helping some injured crew members up a ladder from their sleeping quarters to the lifeboats. Captain Pugwash, who cannot swim, clings to the ladder in a state of terror blocking the way. He refuses to move. Jim knows that Pugwash cannot swim, but also realises that if Pugwash does not move they will all die. Jim screams at Pugwash to move, but he does not respond. Jim pulls Pugwash off the ladder appreciating that Pugwash will drown in the water below. Jim and the crew escape in the lifeboats and Pugwash drowns.

(June 1996)

or

4. A, who is on bad terms with his neighbour B, hurls a petrol bomb through B's living room window intending to destroy the house, but also being aware that the occupants of the house are highly likely to be severely injured. Mrs B and her baby are badly cut by flying glass but manage to escape from the ensuing fire.

Both Mrs B and the baby are taken to hospital where doctors recommend blood transfusions. Mrs B refuses a transfusion because she is afraid of contracting the AIDS virus. She lapses into a coma and dies shortly afterwards.

The baby is to receive a blood transfusion but C, a hospital technician, mistakenly identifies the baby's blood group. As a result, the baby receives incompatible blood and dies.

Consider the liability of A for the deaths of Mrs B and the baby.

(June 1994)

or

5. Bill forces his way into a luxury penthouse occupied by Lord and Lady Jones and their daughter Eve. By threatening to kill Eve, and in order to discover where Lady Jones has hidden her jewels, Bill compels Lady Jones to hold a six chambered revolver to her own head. Bill has loaded only one bullet into the revolver. He compels her to pull the trigger until on the fifth occasion the gun fires and she is killed. On seeing this, Lord Jones has a heart attack and dies.

Frustrated because he cannot find the jewels, Bill rapes Eve before leaving. Some weeks later Eve, fearing she may have contracted AIDS as a result of the rape, commits suicide.

Discuss Bill's criminal liability for the deaths of Lord and Lady Jones and Eve.

(June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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