Mary and David have been best friends for years. However, today they are both very upset because they
have discovered that their partners have been having an affair with each other for the past twelve months.
David goes to confront his partner Cloe. Cloe does not deny the affair, and even blames it on David for
working long hours and never having time for her. Cloe also tells David that he has become impossible to
live with since he began suffering with depression. David is overcome with hurt and anger, he grabs a bat
from the cupboard, and hits Cloe with it. Cloe dies immediately.
Mary also decides to confront her partner Paul. Upon seeing him, Mary shouts at Paul and hits him on the
chest. Paul has been suffering from a heart condition for some time, and due to the shock of this violence he
has a heart attack and dies.
Discuss the potential liability of David and Mary for the deaths of Cloe and Pa
Mary
Actus Reus
- Conduct – hit him in the chest
- V is a person under the kings peace unlawfully killed
- Must cause death
o Factual but for her hitting him he would not have died
o Legal cause
o Blaue take them as you find them so him having a heart issue didn’t matter
Mens Rea
- Intend to kill – her punch wasn’t enough to kill someone no intent to kill him
- No intent to cause GBH
- Reckless
Involuntary manslaughter
- ABH infliction of personal violence, more than transient and trifling especially if she may have
known he had a heart condition. Intent to hit him out of anger
- Definitely be done for battery
- Her hitting him was dangerous. If she knew him for so long she would highly likely know he is
suffering from a condition so would have foreseen a risk of some harm at least
- Caused the death of V
Defences
- NONE
Unlawful act manslaughter
David
Actus Reus
- Conduct – hit her with a bat
- V is a person under the kings peace unlawfully killed
- Must cause death
o But for David hitting Cloe she would not have died
o Legal cause
Mens Rea
- Direct intent grabbed a bat in order to hit her and he must have gone to the cupboard to get it
therefore he had intention to hit her with it. Even if didn’t intend for her to die still intend to cause
GBH
Defences
, - Automatism NO he was conscious, not intoxicated
- Insanity
o He has a disease of mind
o Defect of reason? Might fail because depression didn’t affect his reasoning Clarke
o Even if a court found it impacted his reasoning he knew the nature and quality as by hitting
someone you know it may kill them
o Wrong – know it is wrong
Partial defence
- Loss of control
o Lost self-control as he was overcome by hurt and anger – extreme emotion but went to get
bat?
o Sense of being wronged s55(6)(c) not qualifying trigger infidelity. Clinton talked about if
there was other triggers. She discusses his depression which would not make someone kill
someone not a qualifying trigger
- Diminished responsibility
o Abnormality of mental functioning
o Medical condition him being hurt and angry didn’t but him having depression did
o Substantially impair? Depression didn’t cause if as he killed her because of her infidelity
rather than his depression
MURDER no defences
-
Ben, Mario, Wanda, Sharon and Carl are all pupils at the Walford Academy. Ben is 16 years old and has
recently moved to the school. He is struggling to fit in and make friends. Mario is known for his disruptive
behavior and for bullying and intimidating other pupils and encouraging his friends to do the same.
One day in the cafeteria Mario calls Ben over, saying ‘why don’t you come and hang out with us?’ Ben goes
to join them. Mario and his friends are throwing balled up pieces of paper at Wanda, and shouting ‘slut’ and
‘bitch’ at her and laughing. They encourage Ben to ‘do something to her’. Ben doesn’t want to upset
Wanda, but he wants to fit in, so as she walks past him he slaps her on the bottom.
Mario pats him on the back and says ‘well done, but you can do better than that. Grab her breasts!’ Ben
refuses. Mario discretely pulls a knife out of his pocket and shows it to Ben, saying ‘do what I say, or you’ll
regret it.’ Ben does as he is told and gropes Wanda’s breasts. She pushes him away and leaves the cafeteria
in tears.
Sharon is 17 and Carl is 18. They have been dating for 6 months and have engaged in sexual intercourse
multiple times. One evening they are in bed together, touching and kissing each other. Carl tells Sharon that
he would really like her to suck his penis, to which she replies ‘you know I don’t like doing that.’ Carl
continues to try and persuade her. He tells her that she’ll enjoy it if she gives it a chance, that she’d do it if
she loved him, that she needs to be more adventurous and stop being so uptight, and that he really wants her
to do it. He continues like this for around 15 minutes, until Sharon reluctantly starts sucking his penis.
Discuss the potential liability of Ben, Mario and Carl under sections 1-3 of the Sexual Offences Act 2003.
Carl
, Rape
- Penile penetration of the mouth
Consent
- S76
o No identity deception and she knows the nature and purpose of the act
- S75
o No
- S74
o She has capacity and freedom shes free to leave and not being threatened
o Agrees by choice – no as no positive of willingness took 15 minutes, she reluctantly started,
you know I don’t like it and do it if you love me shes not doing it by choice
Mens rea
- Honesty but unreasonably believes b consented
Ben
SEXUAL ASSAULT
Slapping her
Actus Reus
- Wanda does not consent
- Touching he slapped her bum with his hand through her clothes
- Sexual – yes its sexual by nature. Circumstances no? but through her being called a slut could argue
made sexual. H said the word shag made sexual through comments
Mens rea
- Conduct (touching) must be intentional
- A must lack reasonable belief B is consenting to touching
Grabbing her breasts
Actus reus
- Satisfies touching
- Sexual by nature yeah
Mens rea
- Yes
Defences
Duress by threats
- Exclusions prior fault cant expose yourself to threat. Sheperd no way he would have known mario
is a bully
- Content of the threat a knife assume you’re going to be stabbed
- External
- Content wasn’t specified, He said you’ll regret it but he didn’t say what would happen– Cole
- Graham self induced and he could have walked away especially as mario was known to be a bully.
Could have gone to a teacher or just left
Sally’s work involves visiting elderly and frail people in their own homes, where she cleans and makes
meals for them. One of her clients is Josie, who is seventy-eight years old and virtually house-bound by her
disabilities and poor sight. One day she asks Sally if she will take her to the shops so that she can get out of
the house for a while. Sally reluctantly agrees, knowing that this will really slow her down. At the check-out,
Josie tells Sally that to thank her she can keep the change and ‘treat herself to some chocolates’. In fact,
Josie had handed over a £50 note and the change came to £40. Sally is aware that this is money that Josie
cannot afford to lose and that she probably had not realised the value of the note she had given to the shop
have discovered that their partners have been having an affair with each other for the past twelve months.
David goes to confront his partner Cloe. Cloe does not deny the affair, and even blames it on David for
working long hours and never having time for her. Cloe also tells David that he has become impossible to
live with since he began suffering with depression. David is overcome with hurt and anger, he grabs a bat
from the cupboard, and hits Cloe with it. Cloe dies immediately.
Mary also decides to confront her partner Paul. Upon seeing him, Mary shouts at Paul and hits him on the
chest. Paul has been suffering from a heart condition for some time, and due to the shock of this violence he
has a heart attack and dies.
Discuss the potential liability of David and Mary for the deaths of Cloe and Pa
Mary
Actus Reus
- Conduct – hit him in the chest
- V is a person under the kings peace unlawfully killed
- Must cause death
o Factual but for her hitting him he would not have died
o Legal cause
o Blaue take them as you find them so him having a heart issue didn’t matter
Mens Rea
- Intend to kill – her punch wasn’t enough to kill someone no intent to kill him
- No intent to cause GBH
- Reckless
Involuntary manslaughter
- ABH infliction of personal violence, more than transient and trifling especially if she may have
known he had a heart condition. Intent to hit him out of anger
- Definitely be done for battery
- Her hitting him was dangerous. If she knew him for so long she would highly likely know he is
suffering from a condition so would have foreseen a risk of some harm at least
- Caused the death of V
Defences
- NONE
Unlawful act manslaughter
David
Actus Reus
- Conduct – hit her with a bat
- V is a person under the kings peace unlawfully killed
- Must cause death
o But for David hitting Cloe she would not have died
o Legal cause
Mens Rea
- Direct intent grabbed a bat in order to hit her and he must have gone to the cupboard to get it
therefore he had intention to hit her with it. Even if didn’t intend for her to die still intend to cause
GBH
Defences
, - Automatism NO he was conscious, not intoxicated
- Insanity
o He has a disease of mind
o Defect of reason? Might fail because depression didn’t affect his reasoning Clarke
o Even if a court found it impacted his reasoning he knew the nature and quality as by hitting
someone you know it may kill them
o Wrong – know it is wrong
Partial defence
- Loss of control
o Lost self-control as he was overcome by hurt and anger – extreme emotion but went to get
bat?
o Sense of being wronged s55(6)(c) not qualifying trigger infidelity. Clinton talked about if
there was other triggers. She discusses his depression which would not make someone kill
someone not a qualifying trigger
- Diminished responsibility
o Abnormality of mental functioning
o Medical condition him being hurt and angry didn’t but him having depression did
o Substantially impair? Depression didn’t cause if as he killed her because of her infidelity
rather than his depression
MURDER no defences
-
Ben, Mario, Wanda, Sharon and Carl are all pupils at the Walford Academy. Ben is 16 years old and has
recently moved to the school. He is struggling to fit in and make friends. Mario is known for his disruptive
behavior and for bullying and intimidating other pupils and encouraging his friends to do the same.
One day in the cafeteria Mario calls Ben over, saying ‘why don’t you come and hang out with us?’ Ben goes
to join them. Mario and his friends are throwing balled up pieces of paper at Wanda, and shouting ‘slut’ and
‘bitch’ at her and laughing. They encourage Ben to ‘do something to her’. Ben doesn’t want to upset
Wanda, but he wants to fit in, so as she walks past him he slaps her on the bottom.
Mario pats him on the back and says ‘well done, but you can do better than that. Grab her breasts!’ Ben
refuses. Mario discretely pulls a knife out of his pocket and shows it to Ben, saying ‘do what I say, or you’ll
regret it.’ Ben does as he is told and gropes Wanda’s breasts. She pushes him away and leaves the cafeteria
in tears.
Sharon is 17 and Carl is 18. They have been dating for 6 months and have engaged in sexual intercourse
multiple times. One evening they are in bed together, touching and kissing each other. Carl tells Sharon that
he would really like her to suck his penis, to which she replies ‘you know I don’t like doing that.’ Carl
continues to try and persuade her. He tells her that she’ll enjoy it if she gives it a chance, that she’d do it if
she loved him, that she needs to be more adventurous and stop being so uptight, and that he really wants her
to do it. He continues like this for around 15 minutes, until Sharon reluctantly starts sucking his penis.
Discuss the potential liability of Ben, Mario and Carl under sections 1-3 of the Sexual Offences Act 2003.
Carl
, Rape
- Penile penetration of the mouth
Consent
- S76
o No identity deception and she knows the nature and purpose of the act
- S75
o No
- S74
o She has capacity and freedom shes free to leave and not being threatened
o Agrees by choice – no as no positive of willingness took 15 minutes, she reluctantly started,
you know I don’t like it and do it if you love me shes not doing it by choice
Mens rea
- Honesty but unreasonably believes b consented
Ben
SEXUAL ASSAULT
Slapping her
Actus Reus
- Wanda does not consent
- Touching he slapped her bum with his hand through her clothes
- Sexual – yes its sexual by nature. Circumstances no? but through her being called a slut could argue
made sexual. H said the word shag made sexual through comments
Mens rea
- Conduct (touching) must be intentional
- A must lack reasonable belief B is consenting to touching
Grabbing her breasts
Actus reus
- Satisfies touching
- Sexual by nature yeah
Mens rea
- Yes
Defences
Duress by threats
- Exclusions prior fault cant expose yourself to threat. Sheperd no way he would have known mario
is a bully
- Content of the threat a knife assume you’re going to be stabbed
- External
- Content wasn’t specified, He said you’ll regret it but he didn’t say what would happen– Cole
- Graham self induced and he could have walked away especially as mario was known to be a bully.
Could have gone to a teacher or just left
Sally’s work involves visiting elderly and frail people in their own homes, where she cleans and makes
meals for them. One of her clients is Josie, who is seventy-eight years old and virtually house-bound by her
disabilities and poor sight. One day she asks Sally if she will take her to the shops so that she can get out of
the house for a while. Sally reluctantly agrees, knowing that this will really slow her down. At the check-out,
Josie tells Sally that to thank her she can keep the change and ‘treat herself to some chocolates’. In fact,
Josie had handed over a £50 note and the change came to £40. Sally is aware that this is money that Josie
cannot afford to lose and that she probably had not realised the value of the note she had given to the shop
