LLB Criminal Law - 2024 Paper 5

Critically evaluate the development of the law on voluntary manslaughter under the Coroners and Justice Act 2009. Has the replacement of provocation with loss of control improved the law? Discuss with reference to ss.54-56 of the Act, R v Clinton [2012], and R v Dawes [2013].

Daniel, a 19-year-old university student, goes out drinking with friends. After consuming ten pints of lager, Daniel decides to walk home alone. On his way, he encounters a fox in a residential garden. Daniel, who has a phobia of foxes, panics and picks up a garden gnome, throwing it at the fox. The gnome misses the fox and smashes through the window of the house, striking elderly Mrs Green who is sitting inside. Mrs Green suffers a deep cut to her face and a fractured cheekbone. The noise wakes Mrs Green's husband, Arthur, who runs outside with a cricket bat. Arthur sees Daniel and, assuming Daniel is a burglar, strikes Daniel on the legs with the bat, fracturing Daniel's kneecap. Daniel's friend, Emily, who had been following him at a distance, sees the attack and throws a brick at Arthur's back, knocking him to the ground. Arthur suffers two cracked vertebrae. Advise on the criminal liability of all parties.

"The Fraud Act 2006 has simplified and modernised the law on fraud, but significant problems remain." Discuss this statement, considering fraud by false representation (s.2), fraud by failing to disclose information (s.3), and fraud by abuse of position (s.4).

George and Hannah are having an affair. George's wife, Isla, discovers the affair and confronts Hannah at Hannah's flat. During a heated argument, Isla grabs Hannah's hair and pulls her to the ground. Hannah kicks Isla in the stomach, causing internal bleeding. Isla picks up a kitchen knife from the counter and lunges at Hannah. Hannah dodges, grabs a heavy vase, and strikes Isla on the temple. Isla collapses and is later diagnosed with a subdural haematoma. She survives but suffers permanent brain damage. George, who arrives during the fight, does nothing to intervene despite being physically capable of separating them. Discuss the criminal liability of Isla, Hannah, and George, including any available defences.

Assess the current law on accessorial liability following the Supreme Court decision in R v Jogee [2016]. Has Jogee successfully clarified the mental element required for secondary participation in joint criminal enterprises?