Here are potential responses to the homework questions:
1. The case highlighted problems with the broad scope of the partial defence of provocation, which disproportionately benefited male defendants who killed abusive partners. It allowed factors like long-term abuse to be insufficient to prove loss of self-control.
2. The changes to introduce the defence of loss of control were aimed at addressing these concerns by narrowing the scope to sudden and temporary loss of control in response to a qualifying trigger. However, some argue the triggers still skew towards male violence and don't fully address the experience of abused women. The defence also remains based on a loss of control model that doesn't fit all cases. So the concerns have only been partially addressed.
3
2. Starter:
Are they liable?
All of you will decide who you
think is liable for the death and
who isn’t (highlight!)
Tom plansfurioustotoinDave
Romeo isis to drugsdecide to
Debra andfurious car at at
Joe anddrivesahis for and
Sophiebuys is are with
Laura decides sexual a
Liz Jamesarguing messing
David is has been see
Louis Lewis Nigel her
Tony has suffered
Brenda Julietwith
Jane kill
scare Chris
kill
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buyshis doingwithwaits at
about withHeworkwashing
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end a knife. meeting the
husband.David
relationship the Kenton
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himtemper12Heurges.
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five th gnome.
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manslaughter and which murder her how overdosing,Helen.in
stabs is firefollows beloved
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setting instantly. him 17
Tom, her mother tobutOne
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hotel. ofchasing adeath.
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uselesshis
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stabbing she is
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and,scaredhim, stabs Lois to
nighthits waits until at is
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it heart points it he
times. of getting in
in she Unknown
a rage, to her,
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asleep and hits him over
Joe,theinstantly. dies
trouble andthe trigger.
in pulling already died
has and
death
rescued by passing
theanything. Sheila dies.
Theof a with a attack.
head heart killing killing
gun fires, lamp, Joe.
Some of you will be able to motorist.
him
work out some of the basic
differences between liability for
murder and manslaughter on the
basis of your decisions.
3. Essentials
(You know a lot of this already!)
Voluntary Manslaughter
Means:
Murder
is a result
crime Involuntary Manslaughter
Means :
Murder
is a specific Tariffs?
intent crime
4. So what do you know?
In your own words, summarise the key elements of murder
Actus Mens
Reus Rea
6. Actus Reus
Three elements:
Unlawful killing
Human Being
Queen’s peace
Why have I left off year and a day?
All of you will give a clear reason for
Student Task: deciding whether or not the law is
Using your understanding of the current suitable for the 21st Century
meaning of Actus Reus in murder, explain
whether or not you think this definition is Most of you will be able to use at
suitable for the 21st century. What least two cases to back up your
problems do you think these terms can conclusions
cause? What changes have the courts had
to make? Some of you will be able to consider
the impact of at least one of the
recent reforms on the law on murder
7. Mens Rea
Express Malice
Really means direct or oblique intent
Student Task:
Is this GBH element fair?
Implied Malice
Intent to do GBH
R v Cunningham
8. Checking your understanding so far…
Can you label the arrows correctly?
Offences Against the
Person
Causes the death
Intended to kill or
commit GBH Not intend to Kill
Something affecting the
intention.
Owed a duty Committing Reckless
a dangerous as to
Affected by Affected by the criminal act causing
mental actions of V or harm
disorder another.
9. Applying the law
Are the defendants liable for the murder of their victim?
Scenario Murder? Why?
James stabs Lewis, a British
citizen, to death in Brazil.
Susan, who hears voices telling her
that teachers are the work of the
devil, pushes Miss Hart out of the
window, killing her.
Bob discovers that his brother is
being sexually abused by his uncle
and kills him.
Sam punches Jemima who falls and
hits her head, causing her thin
skull to break, killing her.
Dr Bobby gives Louise an overdose
of a pain relieving drug. Louise is
dying of cancer. Bonus:
Jane plots to get revenge on
Paul, who has been physically
For those who are not
bullying her for years. She ties liable for murder… which
him up and beats him. He dies of of the manslaughters may
his injuries. they be successful in
Lucy points a gun at Gemma and
pulls the trigger. Gemma ducks arguing and why?
and the bullet hits Emily, killing
her.
10. How much do you remember and
understand?
You each have a whiteboard. You
will have 15 seconds per
question...
Can you spot the right answer?
11. Reform of the law on
murder and manslaughter
Student Task: Read the enclosed articles
and answer the following questions:
1. Identify three problems with the old law on
murder.
2. What were the key proposals from the Law
Commission?
3. How did the Government respond to the
proposals?
4. Identify three changes to the law under the
Coroners and Justice Act 2009 Bonus:
Smith, a very recent case from
5. Do you think that they are effective changes the Court of Appeal, which is
to the law? Why? Why not? all about the changes to the
law on loss of control, and
6. What problems can you still spot with the what they might actually mean
remaining law.
12. Summer Homework
Having watched the film
‘Provoked’, consider the
following questions: Need a bit more help?
http://www.southallblacksisters.
How far does the case of org.uk/campaigns/kiranjit-
Kiranjit Ahluwalia highlight ahluwalia/
the problems with the old law
on murder and provocation? Want more of a challenge?
Do you think that these http://inherentlyhuman.wordpr
concerns have been ess.com/2010/10/28/coroners-
adequately addressed by the and-justice-act-2009/
recent changes to the law?
