Assessment Task Detail and Instructions:
Summative Assessment (80% weighting).
Answer both questions – word limit 3000 words.
Sources of law must be correctly OSCOLA referenced and correctly set out using footnotes.
A bibliography must be provided.
Alice and David have been married happily for six years. About a year ago, the relationship started to have problems. Since being made redundant from his position as a financial advisor at a leading bank two years ago, David has developed a drinking problem and constantly physically abuses Alice. In addition, he tends to be verbally aggressive and calls Alice names, especially in relation to her being a “bad wife”. Due to David’s constant abuse, Alice has developed sleep issues, extreme mood swings, and depression.
One night David comes home from the pub and asks Alice for money to feed his alcohol addiction. When Alice refuses to give him the money, David reacts in a physically aggressive manner. He grabs her by her hair, pushes her against the wall and repeatedly slaps her across the face.
Alice goes into her room and starts crying. Three hours later, when David is back and sound asleep, Alice goes into the kitchen, picks up a knife and stabs David in the chest ten times. Having heard the noise, the neighbours call the police and the ambulance. As the paramedics are bringing David in the A&E department on the stretcher, they stumble and drop David on the floor. While in the A&E David has to wait for five hours before he is seen by a doctor. By the time the doctor arrives, David has lost too much blood and dies.
Discuss the criminal liability of Alice.
Vicky is a drug addict. One day she leaves home determined to steal something she can sell to fund her drug habit. She passes a house and notices that a small window is open on the side of the house. She attempts to climb into the window but gets stuck with her head, upper body and arms in the house and her legs outside. She cannot move. A passer-by calls the police and the fire brigade. The fire brigade releases her from the window and a police officer arrests her.
At the same time, her flat mate Teresa is drinking in her favourite pub when a girl she does not like because she is from the Caribbean (Teresa does not like immigrants), gets into an argument with her. They go outside and Teresa thinks that this is a good opportunity to teach this foreigner a lesson. She punches the girl and knocks her out. As the girl falls to the ground her handbag is open and her purse falls to the ground. Teresa decides to pick up the purse and runs off. She is later arrested.
Advise Vicky and Teresa.
You are advised to consult resources indicated during English Legal System and Skills, such as Lexis +, Westlaw, Study Skills Plus and the ARU Library. You should apply OSCOLA referencing Links to an external site.. You will find session notes and powerpoints on canvas a useful starting point when undertaking your research.
For support relating to extensions and/or exceptional circumstances, please see: Modules, exams and assessments (sharepoint.com) Links to an external site.
You are encouraged to participate in the draft feedback process and you should also consult the formative feedback given for element 010/1.
Assessment Marking Criteria / Scheme:
Level 4 - Generic Assessment Criteria and Marking Standards (sharepoint.com) Links to an external site.
Module Learning Outcomes:
No Type On successful completion of this module the student will be
expected to be able to:
1 Knowledge and Understanding Demonstrate a basic knowledge and understanding of the fundamental principles and concepts of criminal law, including an appreciation of the impact of the European Convention on Human rights upon domestic criminal law.
2 Knowledge and Understanding Demonstrate a sound basic knowledge and understanding of the law
relating to selected, major offences against the person and property
3 Intellectual, practical, affective and
transferrable skills With guidance, locate, interpret and evaluate legislation and academic writing relating to criminal law
4 Intellectual, practical, affective and
transferrable skills Apply criminal law to common, straightforward factual problems and
suggest appropriate, reasoned solutions
5 Intellectual, practical, affective and
transferrable skills Demonstrate the ability to communicate clearly and effectively in writing, adhering to the conventions of academic writing
6 Intellectual, practical, affective and
transferrable skills With guidance, evaluate selected aspects of the operation and portrayal of Criminal Law in contemporary society