Criminal Law Assignment: Liability for Homicide Offences

As part of the formal assessment for the programme, you are required to submit a Criminal Law assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.

After completing this module you should be able to:

1. Understand the key legal principles underpinning aspects of criminal law, and their wider context.

2. Analyse and evaluate liability in relation to criminal offences, and the related doctrines, tests and precedents.

3. Identify and examine defences to liability for criminal offences, particularly the circumstances in which they may be used.

4. Examine how the criminal law is evolving and the potential impact on determining liability.

Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA format. You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.

This assignment consists of ONE question split into THREE parts, A, B and C. You must answer ALL THREE parts.

Read the scenario and then answer the questions below.

Alex and Joe work as personal trainers at a local gym, Deadly Lifts Ltd. On Monday, Joe was training Cindy. Joe had agreed to continue training Cindy despite the fact she had recently ended their relationship. Cindy had left Joe for another man.  During the training session, Joe hatched a plan to win back Cindy’s love. This plan

required Joe to ‘accidently’ put too much weight onto Cindy’s weight bar. Once she lifted the bar, and was about to fail in her attempt, Joe would rescue her, displaying superhuman strength and courage. Unfortunately, the situation was too dangerous and Joe was too slow. The weight bar fell too quickly and broke Cindy’s neck. An ambulance was called, and the paramedics dropped Cindy twice on the way to the hospital. Cindy refused to allow doctors to complete life-saving medical treatment. Cindy later died. Had Cindy allowed the doctors to complete the medical procedures, she would have survived.

With reference to the scenario explain which homicide offences you believe Alex and Joe might be criminally liable for. In doing so explain:

a) The of actus reus and mens rea of the offence(s). Provide reasons for your answers and support your answers with relevant legislation and case law.

The Crown Prosecution Service also seek to prosecute Bella as a secondary party to Karl’s homicide. In a letter to Bella, explain to her why the Crown Prosecution Service believe they could charge her as a secondary party to the homicide. Your letter should explain the

following

a) Whether Bella could be charged as a secondary party to the homicide since R v Jogee [2016] UKSC 8

b) Whether Bella might have been charged as a secondary to the homicide prior to R v Jogee [2016] UKSC 8

Provide reasons for your answers and support your answers with relevant legislation and case law.

Critically discuss whether it can be said to be true that R v Barton and Booth [2020] EWCA Crim 575 and R v Hinks [1998] EWCA Crim 2105 show that the crime of theft is no longer based upon the concepts of individual autonomy and subjectivity.