Criminal Liability Analysis
INSTRUCTIONS:
- Your coursework must be submitted via Turnitin on Moodle’s Criminal Law Learning Room before the deadline. Please do not email your answer to the tutor., Note that all submissions will be checked for plagiarism and/or collusion using appropriate detection software.
- Write your answer using a Microsoft Word document using either Arial or Verdana font. The font size must be 12 with a 1.5-line spacing.,
- Support your answer with relevant statutory or case law authorities,
- Use footnotes and ensure that you have a bibliography at the end of your work,
- Format of your submission:
- Include a title page. The title page must have the module code, module title, module tutor and coursework title.
- Include the following statement in your title page:
LLB020C105S Criminal Law
“This submission is entirely my own work. Every source I have drawn upon has been referenced and no part of this work has been submitted for another assessment.”
- 6. PLEASE do not include the question in your answer. Doing so will increase your similarity scores on Turnitin.
- WORD limit – between 1,000 words, your marks will be reduced by 5% if you exceed the word limit by 10 per cent. Answers below 900 words will not attain a grade above 70 marks.
- Avoid verbosity – no extra marks for verbosity!
- You MUST use the OSCOLA referencing system
Assessment Task
Answer the following:
Michael and his friend Pablo went to a pub after work on Friday evening. At the bar, Michael got into an argument with another patron, Priscilla. During the argument, Michael threatened to punch Priscilla and raised his fist at her, causing Priscilla to flinch.
The bartender intervened and made Michael and Pablo leave the pub. Angry at being kicked out, Michael waited in the parking lot for Priscilla to come out. When Priscilla left the pub and walked to her car, Michael came up to her and punched her in the face. Priscilla suffered a minor cut.
Michael and Pablo hurriedly left the scene. On their way to another pub, they saw Bruce, the four-year-old son of Michael’s neighbour jump into a swimming pool. Pablo said to Michael, ‘Look man, it appears the little boy is going to drown as he cannot swim.’ Michael replied, ‘Don’t let that bother you, it’s the parent’s responsibility!’ They did not offer any help. Bruce was discovered dead the next morning by another neighbour, Anderson.
LLB020C105S Criminal Law
The same night, Michael and Pablo went to another pub. At the entrance, Michael approached Rachael, a lady sitting at a corner of the pub. As she did not want to talk to him, he picked up an empty plastic cup and threw it at Rachael. The cup hit Rachael but did not cause any harm to her.
At the second pub, Michael and Pablo drank heavily for several more hours. After midnight, the bartender refused to serve them any more alcohol. Michael opened his bag and showed the bartender a toy gun. Unaware that it was a toy, the bartender attempted to run away. The bartender tripped and fell. He hit his head on a chair and suffered a deep cut.
Smith, a patron at the pub intervened. Michael got angry and said, ‘I am going to leave you with a permanent injury. Michael pulled out a knife from his bag and stabbed Smith intending to cause Smith a grievous bodily injury. Smith lost a lot of blood and was pronounced dead at the hospital later that night.
On their way home, Michael was driving while intoxicated. A police officer pulled over the car after witnessing their SUV swerve between lanes. When the officer asked Michael to provide a breath sample for a roadside alcohol test, Michael refused.
LLB020C105S Criminal Law
Using the IRAC method, identify the crimes if any, committed by Michael.
Write your answer in chronological order, i.e., as the crimes occur in the scenario.
ASSESSMENT CRITERIA
Marks will be awarded for the following:
- Identification of legal issues in the problem scenario
- Definition of the offences identified and the indication of the elements that the prosecution must establish to prove the offence(s)
- Ability to research the relevant information
- Ability to apply the law to the facts using clear, logical, and reasoned arguments
- Clarity and accuracy of expression, communication, and presentation
- Appropriate use of the OSCOLA referencing system