Highlights
Task:
QUESTION 1:
Javanka runs a restaurant called ‘Kurry Queen’ in Porthampton, where she serves curry meals. Marla has been a regular customer at ‘Kurry Queen’ for several months, and always orders the ‘no-nut’ curry because Marla has a peanut allergy. As Marla is a regular customer and often chats with Javanka, Javanka knows Marla’s has a serious peanut allergy. In fact, Marla told Javanka about an incident a few years ago, when she accidentally ate food which she did not know contained peanuts and was rushed to hospital, where she spent 3 weeks in intensive care fighting for her life. Marla told Javanka that on that occasion, the doctors told Marla that she had been lucky to survive. So, whenever Marla comes to ‘Kurry Queen’, Javanka always makes sure that Marla’s curry dish is prepared specially, using an alternative nut-free ingredient. Javanka also personally puts a label on Marla’s takeaway container. The label reads ‘no-nuts’.
However, ‘Kurry Queen’ has started to lose money. As a result, Javanka has stopped buying the nut-free ingredient she uses to make Marla’s curry meal because it is expensive. However, Javanka does not inform Marla about the change because Javanka does not want to lose a regular customer like Marla. So when Marla comes in for her usual curry takeaway, Javanka prepares it, but this time Javanka uses the cheaper ingredient which contains nuts. Javanka hopes that the nutty ingredient will not affect Marla too much. Javanka goes ahead and attaches a ‘no-nuts’ label to the takeaway container with Marla’s curry, gives it to Marla and says: ‘Here you go, Marla; your usual, nut-free, just the way you like it.’ Marla takes the curry home and starts eating it. After just a few bites, Marla has a severe allergic reaction and dies soon afterwards.
Consider whether Javanka may be liable for gross negligence manslaughter.
QUESTION 2:
Steve and Sarah at home and just watched a film called ‘Whip Me Baby One More Time’. The film is about a couple who enjoy sadomasochist sexual activities for pleasure. Steve enjoyed it a lot and decides he wants he and Sarah to re-enact some of the scenes from the film. He takes off his belt and asks Sarah to accompany him to their bedroom and beat him hard. Sarah is not that keen, but she loves Steve and goes along with it. A neighbour, watching them through their open window, sees Sarah beating Steve’s back until it is bloody, and calls the police. Steve is taken to hospital with deep cuts to his back. The cuts are so extensive that they become infected, and Steve contracts a life-threatening blood infection known as sepsis. He spends three weeks in intensive care. Sarah is arrested.
Consider whether Sarah may be liable under Sec. 20 ONLY of the Offences Against the Person Act 1861, citing relevant cases.
Consider also whether she may be able to use consent as a defence.
QUESTION 3:
Harry makes his living pickpocketing absent-minded shoppers in shopping areas around Porthampton. One day, he sees 75-year-old Marian coming out of a post-office, holding tightly onto her handbag. He decides to follow her as he thinks she has probably come from withdrawing some money to spend over the Christmas holiday.
When Marian turns a corner into a less crowded road, Harry rushes towards Marian hoping to grab her handbag and flee. However, when Harry tries to grab Marian’s handbag, he realizes that Marian is much stronger than he thought, and Marian continues to hold tightly to the straps of the handbag while she screams for help. Harry pulls at Marian’s handbag even harder, and when he still cannot get it off Marian, Harry punches her in the face, hoping she will be forced to release the bag. However, Harry looks up and sees a man running towards him shouting, ‘Stop, you thieving little bastard!’ Harry lets go of Marian’s handbag and runs off without the bag. Harry is arrested later that day and charged with robbery.
Consider whether Harry may be liable for the offence of robbery.
Method of Approach
You will need to ascertain from the facts whether EACH OF THE ELEMENTS of the offences (and, where relevant, the defence), as defined by the substantive law are present. To do this you must research and state the relevant substantive law fully, and then apply it FULLY and SYSTEMATICALLY it to the facts. Just stating the substantive law will not be enough to score highly in the assignment. There must be evidence of considered thought when applying the law to the facts.
Do not rely solely on textbooks for research; make use of relevant decisions in the law reports. When using law reports make sure you are using the latest decision i.e. do not use a Court of Appeal decision if there has been a House of Lords or Supreme Court decision, which has overruled the Court of Appeal.
Other Instructions
Your PowerPoint presentation should consist of a maximum of 7 slides, excluding ‘Title’ and ‘References’ slides.
Basic Assessment criteria
The follow is a guide to how your presentation will be marked:
Presentation and Structure30%
Engaging and persuasive PowerPoint slides
PowerPoints are clear and well-organized
Information presented in a clear, coherent and logical format: Is there an introduction? Is there a conclusion? Is there a reference list at the end?
Clear verbal delivery of the presentation
Suitable non-verbal communication (NVC).
Content and Research 70%
Uses the IRAC (Issue; Rule; Application; Conclusion) structure
Fully and accurately states the relevant rule/law for the offence in question, as well as the relevant law/rule applicable to the elements of the offence.
Where relevant, if required to in the question, does the same RE the defence.
Fully and accurately applies the rules/law to the facts in the question.
Comes to a clear conclusion about the likelihood or otherwise that D may be found liable for the offence in question, and, if required to in the question, whether or not a particular defence may be applicable.
Utilizes primary and secondary sources (e.g., cases, statutes, textbooks, journal articles, etc);
Utilizes correct OSCOLA referencing protocols.
Further assessment criteria
Please see the grading rubric for substantive law on the Criminal Law and Practice SOL site (in the ‘Assessments’ tab).
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