Essay
A-Level AQA Criminal Law Essay (Murder & Loss of Control) (28/30 - A*)
- Institution
- AQA
An exam question answered in exam conditions. I achieved an A for the paper overall, but this answer alone constitutes an A*.
[Show more]
Content preview
Over the last few months Harry and Isobel’s relationship had become increasinglystrained as Harry’s behaviour had become unpredictable and often violent. One
evening, Isobel read a message on Harry’s phone from her sister. The message read
‘thank you for a wonderful evening, darling’. Isobel confronted Harry and accused him
of having an affair with her sister. Harry became aggressive, smashing plates and
taunting Isobel for being jealous. He shouted, “You’re a useless wife. I wish I’d
married your sister!”
Harry was tired but before he went to bed he told Isobel that he would beat her up in
the morning. About an hour later, when Harry was asleep, Isobel was furious about
the events of the evening and the threat he had made to her. She was also worrying
about what would happen the next morning. Isobel took a kitchen knife and stabbed
Harry several times, before fleeing from the bedroom. Harry died from blood loss.
Consider Isobel’s criminal liability for the murder of Harry.
Assuming that Isobel is found guilty, assess the sentencing powers available to
the court (30 marks).
In this case, Isobel is the defendant while Harry is the victim in a case of murder and
voluntary manslaughter, loss of control.
Section 55 of the Coroners and Justice Act defines murder as the unlawful killing of a
reasonable person being and under the King’s Peace with malice aforethought, express
and implied. The courts may consider the actus reus first to determine whether Isobel’s
acts account to murder. Firstly, it must be proved that the defendant killed someone,
with reference to causation (R v Gibbins and Proctor). As for factual causation, but for
Isobel stabbing Harry, Harry may not have suffered from “blood loss” and “died” as a
result. This concerns the ‘but for’ test (R v Paggett). As for legal causation, it must be
proved that the defendant was a ‘more than minimal’ cause of the victim’s death (R v
Kimsey). With allusion to factual causation, the courts may find Isobel to be a ‘more
than minimal’ cause as she “stabbed” Harry “several times”, meaning she may have
caused the blood loss to initially occur. Therefore, Isobel may have killed someone (R v
Gibbins and Proctor).
Next, it must be determined whether the killing was unlawful. Unlawful refers to a killing
that is not permitted under the law (contrary to wartime and police killings, which are
lawful). It may be found that the killing of Harry was unlawful as Isobel was influenced to
“stab” him due to their “strained” relationship. This may mean that there were no legal
grounds for murder. Next, it must be established whether the victim was a reasonable
person (Attorney General Report). This simply refers to whether the victim was a human
being, and Harry was. Lastly, for the actus reus, it must be found that the killing was
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller SELALevels. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80364 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now
