Oxford BA: Non-Fatal Offences & Defences Exam Paper

Alice, a medical student, is revising for her anatomy exam when her flatmate Bob begins playing loud music. Alice asks him to turn it down, but Bob ignores her and turns the volume higher. Frustrated, Alice throws her heavy textbook at Bob, intending only to make him stop the music. The book strikes Bob on the head, causing a deep cut requiring fifteen stitches and leaving a permanent scar. Bob falls unconscious briefly and suffers a mild concussion. When Bob regains consciousness, he is furious and punches Alice hard in the stomach, causing severe bruising and internal bleeding that requires hospital treatment for three days. Alice had been six weeks pregnant (unknown to Bob, but Alice was aware), and the punch causes her to miscarry. During the altercation, their neighbour Carol rushes in to help. In the chaos, Carol slips on blood and breaks her wrist. Advise Alice and Bob on their potential criminal liability for non-fatal offences against the person.

Critically evaluate the extent to which the current law on self-defence and defence of others provides adequate protection for householders confronting intruders, with particular reference to the Crime and Courts Act 2013.

David, a 19-year-old university student with mild learning difficulties, is approached by Gary, a local drug dealer known for violence. Gary tells David that he owes him £500 for drugs (which David disputes) and threatens to 'break both your legs and hurt your family' if David doesn't help him collect money from other students. Frightened, David agrees. Gary gives David a baseball bat and tells him to demand £200 from Emma, another student, claiming she owes money for drugs. David finds Emma in the library and nervously says 'Gary wants his money - £200 for the drugs.' When Emma denies owing anything, David, shaking visibly, raises the bat slightly and says 'Please, I don't want to do this, but Gary says I have to get the money.' Emma, terrified, hands over £200 from her purse. Later, Gary sends David to collect £300 from Frank. When David approaches Frank with the bat, Frank laughs and says 'You couldn't hurt a fly.' David, stung by this comment and suddenly angry, strikes Frank hard across the shoulder with the bat, breaking Frank's collarbone. David immediately drops the bat and runs away, horrified by what he's done. Advise David on his criminal liability for non-fatal offences and any available defences.

To what extent has the decision in R v Ireland; R v Burstow [1998] resolved the conceptual difficulties surrounding psychiatric injury in assault and grievous bodily harm? Consider whether the current approach adequately reflects the nature and seriousness of psychological harm.