LL4004 –CRIMINAL LAW
Please read the scenario and answer the questions.
Anthony lived in a house with a sea view but had borne a grudge against his neighbour Ben ever since Ben had spoilt Anthony’s view of the sea by building an extension to his house. Anthony suffered from a depressive condition causing him to become periodically aggressive. During an argument one morning, Ben insulted Anthony by calling him an eccentric and obsessive creep. That afternoon, Anthony saw Ben walking under a nearby bridge. With the intention of frightening him, Anthony pushed a large rock over the bridge which hit Ben and fractured his skull. A passer-by called an ambulance but it took over an hour to arrive owing to foggy driving conditions. When it reached the hospital, Polly, the doctor, was so busy with other patients that she forgot to examine Ben for two hours. Another patient, Carl, was in great pain and terminally ill with only weeks to live. Polly administered to Carl a large dose of a pain-relieving drug with the result that Carl died within hours. Ben was eventually examined but had gone into a coma. He remained unconscious for two weeks following which Pollay disconnected his life support system. Ben died during the night.
1. What is the definition of murder?
2. Discuss whether the prosecution can prove that Anthony has committed the actus reusformurder.
3. Discuss whether the prosecution can prove that Anthony has committed the mens rea for murder. If not, explain whether an alternative homicide charge can be brought.
4. Identify any defence(s)to murder on which Anthony might be able to rely, and explain what is required for each such defence. Which is more likely to succeed?
5. Identify and define the criminal offence which may have been committed byDr Polly.
? You should identify/explain relevant offences where appropriate and demonstrate an understanding of the issues relating to the actus reus and mens rea of each offence. You need to apply the law to the facts and reach a conclusion as to whether or not the defendant may have potentially committed a relevant offence.
? You must then consider whether either defendant may have a relevant defence and consider the facts in that light.
? You should cite relevant authorities where appropriate. You should attempt to structure the law into arguments on behalf of both the prosecution and the defence.
? Include a bibliography and footnotes using the OSCOLA system.
? Put the total of words used at the end of the coursework. Excessive length will be penalised.