This assignment is designed to assess learning outcomes:
1. Demonstrate the ability to evaluate the theoretical principles underlying criminal law;
2. Utilise a wide range of specialist skills in order to analyse and evaluate the principles of criminal law and relevant case law as applied in practice;
3. Demonstrate an ability to evaluate the principles of criminal law and formulate responses to various hypothetical scenarios.
4. Demonstrate the ability to analyse and evaluate proposals for reform (where applicable) and to generate ideas.
This assignment is an individual assignment.
Please write an essay on the following problem-based question:
John has a very bad relationship with his neighbour Gill. John has often asked Gill not to play loud music, as this compromises his rest. Not only has Gill never fulfilled John’s request, but she’s always been quite rude and scornful to him.
One day, John sees a courier delivering Gill a brand-new stereo system, including a giant subwoofer. Gill notices John and smiles spitefully at him and says: “Party time!”. Irritated by Gill’s behaviour and afraid that the new stereo system will put an end to his sleep for good, John waits until Gill leaves to go to work and then breaks into her house carrying a big hammer. Once inside, he finds the subwoofer in Gill’s living room and smash it with multiple hits of his hammer making it completely useless.
At that point, he hears the front door opening. Gill has come back sooner than expected due to a train strike. As soon as he sees Gill on the doorstep, John runs towards the door himself to try to escape. Seeing John running towards her with a hammer in his hand, Gill pushes him with her hands on his shoulders. The push is not strong enough to injure John, but it causes him to lose his balance and accidentally trip over the steps out of the door and falls down the stairs. During the fall, he violently hits his head on one of the steps and dies instantly.
Discuss the criminal liability of John and Gill for any possible offence and any relevant legal issue, including (but not limited to) the availability of any defences. Support your analysis with adequate legal sources – cases and legislation – and academic materials – namely, books and journal articles.
