Exam (elaborations)
EmTMA
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- The Open University (OU)
Exam of 4 pages for the course An Introduction To Law at OU (...)
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Trixie Whitehouse K3490384W111 Criminal Law and The Courts
EmTMA
Q1. The purpose of this answer is to understand whether the Actus Reus and the Mens
Reus of the defendants (sams) behaviour towards the victim (Felix) makes the defendant
criminally liable under the section 76 Serious Crime Act 2015. The defendant is in trial for
criminal liability of the behaviour towards the victim, this being the defendant creating the
victim to feel embarrassed at games, being on a strict diet to manage the weight of the
victim, being forced to isolate by not being able to be around friends unless both the
defendant and the victim both known of said friends, which has caused the victim to lose a
significant amount of weight, become severely isolated and suffer from depression. The
thesis of this answer is to discover if the defendant is criminally liable for the behaviour
towards the victim.
The legal issue that is being considered within this section is whether the defendant's (sams)
behaviour towards the victim (felix) is controlling or coercive. The relevant rule that can be
used in compliance with the issue would be Section 76 Serious Crime Act 1a ‘A repeatedly
or continuously engages in behaviour towards another person B that is coercive or
controlling’1. Applying the rule to the facts implies that the victim was controlled via football
games due to the defendant regularly shouting and recording all games, as well as at home,
this being in ways such as making decisions to who the victim can socialise with outside of
the football games and stating that the victim can not socialise with friends unless both the
defendant and the victim both know of said individuals. The conclusion indicating the
defendant was in fact coercive and controlling.
The next issue within discussion is whether placing the victim on a strict diet and maintaining
the victims weight controlling. The rules that become relevant to this issue would be Section
76 1a ‘A repeatedly or continuously engages in behaviour towards another person B that is
coercive or controlling’2. Section 76 1c ‘The behaviour has serious effect on B’3 S76 1d ‘ A
knows or ought to know that the behaviour will have serious effect on B’4 Section 76 4b ‘It
causes B serious alarm or distress which has substantial adverse effect on Bs day to day
activities5. Applying the rules to the facts of the issue implies placing the victim on a strict
diet, deciding what the victim eats and how much the victim weighs affects the victim's body
immensely from the isolation and depression as well as the severe amount of weight loss
that the victim has undergone due to the defendants behaviour, this leading to the defendant
ought to know the effects of the decisions made. The conclusion of this issue is that the
defendant controlled the victim. The defendant also ought to have known about the
behaviour's serious effects.
The legal issue would be was the defendant connected to the victim at the time of the
behaviour. The rule that connects the issue to the law is Section 76, 2a ‘is A in an intimate
relationship with B’6. Applying the rule to the facts, the defendant and the victim were in a
committed relationship during the time of the behaviour that the defendant was engaging in.
1 S76 Serious Crime Act 2015 (1)(a)
2 S76 Serious Crime Act 2015 (1)(a)
3 S76 Serious Crime Act 2015 (1)(c)
4 S76 Serious Crime Act 2015 (1)(d)
5 S76 Serious Crime Act 2015 (4)(b)
6 S76 Serious Crime Act 2015 (2)(a)
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