CRIMINAL LAW TUTORIAL ESSAY

Actus Reus 1. Do you agree with the decision of the Court of Appeal that Gemma Evans caused the death of Carly Townsend? Mens Rea 1. Is gross negligence an appropriate basis of criminal liability for serious offences? Read the case of Adomako in answering this question. Homicide 1. In English law a defendant may be convicted of murder who is in no ordinary sense a murderer. It is sufficient if it is established that the defendant had an intent to cause really serious bodily injury. Lord Steyn in Powell [1998] 1 Cr App R 261 Why is murder defined so broadly and do you consider this to be problematic? 2. Gross negligence manslaughter is unduly vague and unfair. It ought to be abolished. Discuss. 3. Do you consider that the Law Commissions proposed three tiered structure for homicide is an improvement on the current position? Partial defence to murder 1. What are the main problems with the wording in sections 54-56 of the Coroners and Justice Act 2009? Read the article by Withey in answering this question. 2. What were the problems with the old law of diminished responsibility, and does the new law adequately address them? Consider the article by Kennefick in answering this question. Non-fatal Offences against the person 1. Do you agree with the majority or the dissenting judges in the case of R v. Brown? Be prepared to discuss the reasons for your answer. (see Herring pp. 365-372, or read the case in full if you have time R v. Brown [1994] 1 AC 212) - sadomasochistic 2. In what way do you think that the structure of the various non-fatal offences against the person could be improved? Intoxication 1. Is intoxication a defence, or not? (You may wish to consider the article by Andrew Simester,above, in preparing your answer).