You must answer BOTH questions.
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OSCOLA REFERENCING ONLY
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KNOWLEDGE of the area/topic
UNDERSTANDING of the area/topic
RELEVANCE and FOCUS
Recourse to relevant PRIMARY SOURCES †
Engagement with SCHOLARLY MATERIALS
Levels of ORIGINALITY, ANALYSIS, EVALUATION & CRITIQUE in argument
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Well STRUCTURED, COHERENT and CLEAR answer
Quality of WRITTEN ENGLISH
Use of appropriate REFERENCING system
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Andrew and his girlfriend Mary share a flat in Brighton. Andrew loves Mary dearly, but on many occasions he has been violent towards her. Although Mary is not always happy with Andrew’s violent behaviour, she is very reluctant to confront him. On Friday night, Andrew decides to prepare a candlelight dinner for their second anniversary. Andrew knows that Mary does not drink alcohol because it usually has a really bad effect on her. Nonetheless, Andrew secretly keeps adding alcohol into Mary’s juice. At some point, Mary feels very unwell because of the alcohol she consumed and decides to lie on the couch. Andrew is frustrated with Mary’s behaviour and climbs on top of her. Andrew says to Mary “we are going to have sex whether you like it or not” and he begins to penetrate Mary’s vagina with his penis. Although Mary appears to be enjoying the intercourse, in actual fact she is fearful that Andrew might become violent again.
The following day, Andrew calls his friend Jeremy and explains to him what happened the night before. Jeremy comes to their flat later that afternoon. Andrew receives a call from work and leaves for London immediately, leaving Jeremy and Mary alone in the flat. As soon as Andrew leaves, Jeremy says to Mary “shall we go to your bedroom?”, he then sits down next to her but Mary quickly gets up from the sofa. In response, Jeremy grabs Mary’s jumper and pulls her towards him. Mary pushes Jeremy away and asks him to leave the flat, which he does.
Discuss Andrew and Jeremy’s potential criminal liability for any sexual offences.
2. George and Jamie had been friends for about five years but fell out about six months ago and have not spoken since. The argument was about George’s use of an intruder surveillance system at his home. George is still angry about the argument and decides that he wants to scare Jamie to prove that he was right about the surveillance system.
In the early hours of one morning, George gets up and goes round to Jamie’s house. He breaks in through the front door and starts to enter the property. As he is entering the property, he sees some money on the entrance hall table. He remembers that Jamie also owes him £5, so he picks up £5 from the money and puts it in his pocket.
Jamie, who sleeps upstairs with his partner, realises that someone has broken into his house. Jamie ventures downstairs. As part of the trick, George takes along his child’s toy plastic gun because he thinks Jamie will find that funny. George put the toy gun in his pocket before he went to Jamie’s house. Jamie sees George in the dark and says “if you do not get out of my property right now, this will not end well for you”. Jamie, still not realising the intruder is George, sees what he thinks might be a weapon sticking out of George’s pocket. Jamie grabs a heavy vase and throws it as hard as he can at George’s head. The vase hits George on the top of his head cracking his skull.
a) Discuss George’s potential criminal liability for any property offences; AND b) Assume that Jamie has committed a non-fatal offence against the person. Discuss only whether he will be able to successfully raise any of the general defences.
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