Explain the constituent elements of the offence of murder, and outline any partial defences which may be available to Jamie.

The Legal Process

Assessment Information

This assignment is designed to assess learning outcomes:

1.Demonstrate an awareness and understanding of the nature and functions of criminal and civil law;

2. Demonstrate a critical awareness and understanding of the sources of law, the structure of the courts and other legal tribunals, together with the personnel involved in them;

3. Demonstrate a critical knowledge of the rules of procedure and evidence in criminal, civil and family law cases, and more particularly the role of the expert witnesses;

4. Evaluate and apply the rules of procedure and evidence in hypothetical situations in different legal proceedings but with particular reference to the role of expert witnesses.

This assignment is an individual assignment.

This assignment requires you to answer the questions relating to each of the two scenarios below. In answering each question, you are required to refer to the relevant legal authorities.

Scenario 1  :

Jamie’s civil partner, Paul, was frequently violent towards him, especially when Paul had been drinking.

Two weeks ago, while Paul was heavily intoxicated, Paul punched Jamie. Jamie picked up a heavy saucepan and hit Paul over the head with it twice. Paul fell to the floor, and Jamie continued to hit him around the head with the saucepan until he became unconscious. Paul later died from his head injuries. Jamie has been charged with murder. He has a history of depression.

Part a:

Explain the constituent elements of the offence of murder, and outline any partial defences which may be available to Jamie.

Part b:

Outline the rules in respect of any expert evidence which might be given in relation to these defences.

Scenario 2:

Consider the facts again in Scenario 1, but this time the day after Paul punched Jamie, Jamie left him and went to stay with his friend Marion. With Marion’s encouragement, Jamie reported Paul’s violence to the police. The Crown Prosecution Service have concluded that there is insufficient evidence to proceed with a prosecution. Jamie is considering bringing a claim against Paul for the tort of trespass to the person.

Explain the tort of trespass to the person and discuss its application to the facts in the scenario, and explain the reasons why a claim against Paul in the law of tort may be more likely to succeed than a criminal
prosecution against him.

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