Law Module : Criminal LAW5016/6011

Essay Question:

‘The defenses offering the reduction of a charge from murder to voluntary manslaughter are fair, balanced, and reasoned.’

Discuss with regards to either Diminished Responsibility or Loss of Control.

Problem Question:

Selma and Vivian are sisters. Selma often visits Vivian’s house and they enjoy cooking together. Vivian knows that Selma is very forgetful, and she often has to check that Selma has turned off the gas cooker when they are cooking, otherwise she may leave the gas on.

One evening they are cooking together. Vivian begins to cook when she realizes that they do not have some of the ingredients they need. As she heads out to the shops to pick up the ingredients she says to Selma, ‘Make sure you turn the gas off while I’m gone!’

At the local shops, Vivian sees there are big queues for all the checkouts. Not wanting to be gone too long, she picks up the ingredients she needs. She swaps some of the labels because she thinks the ingredients are significantly overpriced. She puts some money on one of the checkouts – for what she thinks the ingredients are actually worth – and walks out.

When Vivian returns home, she smells gas. Selma did not turn the gas off and has died of gas poisoning.

Discuss Vivian’s liability for Involuntary Manslaughter and Theft.

Word Count: 400 words each question

OSCOLA Referencing

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