[tcr86]

Hi

Can anyone help me with my criminal law questions? Any help will be appreciated! I don't necessarily require full answers, but a few tips could help as well as any possible references to related/relevant cases.

The questions are as follows:

Question 1

Vanessa, who is of Afro-Caribbean origin, lives in a block of flats where the sound insulation between dwellings is poor. She has suffered many sleepless nights because of the noise made by her neighbour, Paul, who often has wild parties that last long into the night. As a result of her lack of sleep, Vanessa is being treated for clinical depression by her doctor. One night Paul has his television set turned up very loud. Eventually, at 2.00am, Vanessa can take no more and she knocks on Paul's door, asking him to turn the volume down on his television. Paul refuses to do so and proceeds to subject Vanessa to a tirade of racial abuse.

Vanessa returns to her flat and soaks some tea towels in paraffin. She stuffs them through Paul's letterbox and sets fire to them. Another neighbour, Clive, smells burning and calls the fire brigade. Because of the firemen's strike the call is answered by the army. Their fire engine takes 20 minutes to arrive and the soldiers do not have the ladders required to reach Paul's flat. By the time the soldiers put the fire out and break into Paul's flat, he is found to be dead. The evidence from the pathologist is that Paul had taken a large quantity of heroin earlier that evening and his ability to respond to the danger posed by the fire would have been significantly impaired.

When questioned by police, Vanessa admits starting the fire stating that she wanted to teach Paul a lesson.

By reference to case law and statute, advise Vanessa as to:

(a) Whether she has committed the actus reus of homicide; [25%]
(b) Whether she had the mens rea for murder; [15%]
(c) Any defences that might be appropriate for her to raise, and the likelihood of these defences succeeding. [60%]

Question 2

Critically evaluate the reforms made to the offence of rape by The Sexual Offences Act 2003.

In answering this question consider the following:
(a) Changes made to the actus reus and mens rea of rape,
Together with the presumptions as to absence of consent; [50%]
(b) The effect such changes will have on the social context
In which the law of rape operates; [20%]
(c) Whether these changes will effectively address
Past criticisms of the law. [30%]

[JudyKayTee]

If you post your answers someone will come along and advise you if you are on the right track - helping with homework is specifically addressed in one of the stickies. The Board doesn't do it.