Critically evaluate the current law on murder and voluntary manslaughter in England and Wales. Consider whether the Coroners and Justice Act 2009 reforms to the partial defences of diminished responsibility and loss of control have improved the law. Assess whether the mandatory life sentence for murder remains justifiable and discuss proposals for reform of the law of homicide.
Alex is angry with his neighbour Brad after a long-running dispute about noise. Alex decides to frighten Brad by throwing a brick through Brad's window late at night. The brick strikes Brad's wife, Carol, who is standing behind the curtain, causing serious head injuries. Carol is rushed to hospital where a doctor negligently fails to diagnose a blood clot, and Carol dies two days later. Meanwhile, Brad suffers severe anxiety and depression as a result of the incident, requiring psychiatric treatment. Alex claims he only intended to break the window and did not know anyone was standing behind the curtain. Discuss Alex's criminal liability for the death of Carol and the injuries to Brad.
Critically assess the current law on non-fatal offences against the person. Consider whether the Offences Against the Person Act 1861 is fit for purpose and evaluate the Law Commission's proposals for reform. Discuss the hierarchy of offences from common assault to s.18 GBH with intent, focusing on the inconsistencies in language, structure, and sentencing.
Dave sees his ex-girlfriend Emma in a bar with her new partner, Frank. Dave, who has been drinking heavily, picks up a beer glass and throws it at Frank. The glass misses Frank but shatters against the wall, sending shards of glass into Emma's face, causing deep lacerations requiring 30 stitches. A bystander, Gita, suffers a panic attack and faints, hitting her head on the floor and sustaining a concussion. Dave then leaves the bar, gets into his car, and drives home. On the way, he runs a red light and collides with a cyclist, Harry, breaking Harry's leg. Dave's blood alcohol level is twice the legal limit. Discuss Dave's criminal liability for all offences arising from these events.
Evaluate the defence of self-defence in English criminal law. Consider the statutory framework under s.76 Criminal Justice and Immigration Act 2008, the reasonableness of force, the subjective and objective elements, and the specific provisions for householder cases under s.76(5A). Assess whether the current law strikes the right balance between allowing individuals to protect themselves and preventing disproportionate violence.
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