Danni has been married to John for 20 years. Over the course of the marriage there have been numerous fallings out between the couple. John gets very jealous of Danny talking to other men.
Danni has been married to John for 20 years. Over the course of the marriage there have been numerous fallings out between the couple. John gets very jealous of Danny talking to other men. They have also suffered from severe financial difficulties throughout their marriage as both have had a series of short terms jobs with no long-term security.
On the 1st June this year Danny and John had been arguing about their financial difficulties – they had no money left in the bank but multiple bills to pay. Danny went out to the pub with her friends who offered to pay for her to have a good time away from John. At the put Danni started to talking to Sunder, at which point John came into the pub. He saw Danni and was incensed. He grabbed a pint glass and pushed it into the face of Sunder, unfortunately severing his carotid artery. Sunder died within minutes, before the ambulance had arrived.
John grabbed Danni and took her home, they continued to argue and at some point Danni produced a kitched knife. John managed to take it from her but in the ensuing fight Danni was stabbed repeatedly. Danni’s friends had called the police when John and Danni left the pub and they arrived to find Danni profusely bleeding and John saying “She came at me, I just grabbed the knife and wanted to defend myself.”
An ambulance was summoned and Danni was taken to hospital, the initial prognosis was good. However, whilst in hospital, Danni’s medical treatment was not good. The treating consultant (Mr Mann) neglected to spot an obvious and serious risk of death in that one of the cuts had left significant internal bleeding in Danni’s liver. Danni succumbed to sepsis and died 2 days after the stabbing.
Discuss the potential liabilities in criminal law of the following:
John for the murder of Sunder
John for the murder of Danni
Mr Mann for the manslaughter of Danni
Tackling the question: Please do not simply recite everything you know about the laws under discussion – you need to apply what you know to the problem scenario. You may want to consider using the IRAC method – IDENTIFY the issue, state what the RULE is, APPLY the rule to the problem and CONCLUDE.
Note there will be multiple issues to identify and approach this is as a logical format – deal with each issue in turn (in others apply the IRAC method for each issue) don’t just recite the facts of the case, then recite the law and then conclude that is not a good structure. The ability to identify the issue, identify the rule, apply it to the issue and then conclude before moving to the next point. There will not always be an easy fit between the rule and the problem scenario and there is seldom only one answer to a legal issue.
Make sure of a word count of 3,000 in detail state the key details and Acts and legislations will be credited so everyone is advised to link back to a rule of legislation.
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