100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Inchoate offences Problem Question £5.36   Add to cart
Quickly navigate to
Preview
  2.  
  3. Cambridge University (CAM)
  4.  
  5. Criminal Law (PAPER12)

Essay

Inchoate offences Problem Question
 0 view  0 purchase

This is a problem question dealing with murder, assault and battery, conspiracy to commit murder. It also deals with the defence of loss of control.

Preview 1 out of 4  pages

Document information

  • December 3, 2024
  • 4
  • 2022/2023
  • Essay
  • Unknown
  • B

Subjects

Written for

All documents for this subject (11)

Seller

avatar-seller
victoriacota

Content preview

Jim

Murder

Jim (J) is likely to be held liable for Dorian’s (D) murder. Firstly, J satisfies the actus
reus of murder, which is to cause death. Indeed, J’s act of punching D was a but-for cause of
D’s death (White) – but-for the punches, D’s teeth would not have loosened and suffocated
him. Moreover, J’s act of punching D was a substantial and operating cause of D’s death
(Hughes). Secondly, J satisfies the mens rea requirement for murder, which is to intend to
cause death or grievous bodily harm (GBH), as per Hyam. Indeed, by punching D, J intended
to cause him GBH.

J could potentially escape liability by resorting to a defence. He could firstly rely on
loss of control under s 54 and 55 of the Coroners and Justice Act 2009 as a partial defence.
Indeed, J felt a ‘surge of extreme anger’ when he punched D (s 54[1a]). Furthermore, even
though D bullied J when they were children, the bullying could be considered a qualifying
trigger– that is, J had a justifiable sense of being seriously wronged by things done or said by
D (s 54[1b] and s 55[4b]). Ultimately, however, even if a qualifying trigger is satisfied, it is
unlikely that a person of J’s sex and age, with a normal degree of tolerance and self-restraint
in the circumstances, might have reacted in the same or in a similar way as J did ( Section
54[1c]). Secondly, J could try the partial defence of diminished responsibility, as he was
arguably suffering from an abnormality of mental functioning resulting from a recognised
medical condition – his depression. However, it would be a stretch to say that his condition
substantially impaired his ability to understand his conduct, form a rational judgment or
exercise self-control (Golds). Therefore, diminished responsibility does not apply in J’s case.
Since both partial defences would fail, J could try relying on insanity. However, his
depression caused by D’s bullying is unlikely to be enough to support a defence of insanity
(M’Naghten). Therefore, both defences fail, and J is liable for murder.

Conspiracy

J is liable for conspiracy to commit battery contrary to s 1 of the Criminal Law Act
1977 (CLA). Indeed, forcing Dorian to chew on an old smelly sock constitutes battery as it is
unlawful, non-consensual touching (Fagan) with the intention to do so (Duff’s test of

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 victoriacota. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £5.36. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

61001 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

Start selling
£5.36
  • (0)
  Add to cart