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A Level Law (Criminal) Assignment 7 - Voluntary Manslaughter

Task

You will be set one of the following questions:

 

1. Explain, by reference to relevant cases, how and why the courts have developed the defence of provocation in the Homicide Act 1957.

(June 2001)

or

2. Peter and Sandra have been married for several years and have two young children. In the past few years they have had frequent quarrels during the course of which Peter has often hit Sandra. She has become very depressed and has been placed on medication by her doctor after telling the doctor how she feels 'trapped' in the relationship. One evening Peter returns home from the pub rather drunk. They begin an argument and Peter tells Sandra that she has always been a hopeless wife and an inadequate mother. Sandra begins to cry. Peter slaps her face and tells her to pull herself together. Enraged, Sandra grabs a marble statuette from the mantelpiece next to her and smashes it over Peter's head, killing him instantly.

Advise Sandra who is charged with the murder of Peter.

Would it make any difference to your advice if Sandra had waited until Peter had fallen asleep in his chair and then killed him with the statuette?

(June 2000)

or

3. Compare and contrast the defences of diminished responsibility and insanity.

(June 1999)

or

4. Consider whether or not the defence of provocation is in need of reform.

(June 1997)

or

5. In an 'A' level law lecture, Mr Crass asks a question of Dermot, an Irish student with a broken leg. Dermot, who has been awake all night owing to the pain from his leg and has not been able to prepare for the class, replies 'I don't know the answer.' Mr Crass shouts at him, 'You thick Paddy. The sooner we stop admitting Irish morons into this class the better.' Dermot had previously been abused in classes by Crass in similar fashion. At this latest insult Dermot, who is well known for his quick temper, hurls his crutch at Crass intending to cause him serious injury. Crass is knocked over by the impact of the crutch and, as he falls, he hits his head on the corner of a desk. He suffers broken ribs and a fractured skull.

At the local hospital, Crass is given an emergency operation to relieve pressure on his brain. During the operation the surgeon collapses from fatigue as he has been on duty for 24 hours. As he collapses, his scalpel slips and aggravates the wound to Crass's skull. Another surgeon completes the operation and Crass is placed on a life support machine, but dies after six months.

Consider Dermot's criminal liability for the death of Crass.

(June 1996)

or

6. Pauline, a woman of 28, has been married to Rodney for seven years. Rodney is an alcoholic and often returns home drunk. While in this state, he often punches and slaps Pauline. This behaviour has been taking place regularly for the past three years. Pauline is presently suffering from severe depression which she blames on Rodney's behaviour. One evening, Rodney returns home drunk and slaps Pauline on the face. He also tells her that he does not love her any more and intends to leave home for good. Rodney then falls asleep on the sofa. Pauline spends a couple of hours contemplating what has happened and, in a sudden burst of fury, beats Rodney on the head with an ashtray intending to kill him.

Pauline immediately regrets her action and calls an ambulance. Rodney is taken to hospital where he is treated for severe head injuries. Dr Doom injects Rodney with penicillin. Unfortunately, Rodney is allergic to penicillin and he dies.

Pauline is charged with the murder of Rodney. She does not dispute that at the time of the incident she intended to kill him.

Consider how Pauline might defend herself against a charge of murder.

(June 1995)

or

7. K, who is attending a lecture given by L, a well-known hypnotist, agrees to be hypnotised. L tells K that he intends to induce a state of aggression in him by means of a keyword 'bananas'. K agrees and is duly hypnotised. When L mentions the keyword 'bananas', K reacts by smashing the microphone on L's head causing bruising.

N, a member of the audience, attacks and kills P, who is sitting beside him. P had been calling N a stupid loony . N is in fact severely retarded and lost his self-control when P taunted him. Doctors are prepared to give evidence that N is not insane although he has a mental age of 7.

Advise K who is charged with assault occasioning actual bodily harm to L and criminal damage to the microphone; and N who is charged with murder.

(June 1994)

or

8. Answer both parts:

(a) To what extent are provocation and diminished responsibility defences?

(b) To what extent should they be defences?

(June 1993)

or

9. Gill and Jayne are patients in a hospital. Gill is pregnant and has a retarded intellect. She is playing chess with Jayne who taunts her about her inability to master the game and the illegitimacy of her unborn child. In a violent rage, Gill throws a knife at Jayne but it strikes Sue, a nurse, who is killed.

Jayne, who is being treated for epilepsy, wanders into the hospital grounds and is approached by PC John. She believes him to be an alien from outer space and attacks him, causing serious head injuries from which he dies.

Consider the criminal liability of (a) Gill and (b) Jayne, who are both charged with murder.

(June 1992)

or

10. John's wife Mary, has a reputation as an immoral woman. Peter, John's workmate, often taunts John about this. So far John has not responded.

On the latest occasion, however, Peter also abuses John himself, calling him a 'gutless old woman'. John punches Peter over the heart, as hard as he can. Peter collapses. John, believing Peter to be dead, throws the body down a well. Peter is in fact killed by the fall.

Discuss the criminal liability, if any, of John.

(June 1991)

 

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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