Thursday, August 8, 2013

Criminal law



OSCOLA referencing with footnotes. Word limit is 3000 including footnotes and citations but excluding bibliography.
QUESTIONS:
Students must answer BOTH questions. The total word count is 3,000 words.
1. “Between murder at its least foul, and manslaughter at its most mindless, there still exists an unbridgeable divide.”
Critically discuss whether this statement is true with regard to the modern law of homicide. (50 marks)
(1,500 words, 50% of marks)
2. (a) Desmond runs into a bank wearing a mask and brandishing a realistic toy gun. He demands money from Vera, one of the cashiers in the bank. Vera hands over a large sum of money and Desmond runs away. Outside the bank he collides with Xerxes, an elderly man who is using a walking-frame. Xerxes suffers several bruises and has to go to hospital for X-rays. Three days’ later, Vera (who has been on sick leave since the robbery because of the fear which Desmond’s crime has caused to her) collapses and dies of a heart attack. No one knew, until that time, that Vera was a woman with a weak heart.
A) Discuss the criminal liability of Desmond. (30 marks)
B)Would it have made any difference to your answer if Vera survived (with mental health problems), and Xerxes died from a respiratory infection caught at the hospital ? (10 marks)
C) Would it also have made any difference to your answer if Desmond’s gun was a real gun? (10 marks)
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