I am really struggling on this question below,, I am quite new to law, in my first year at university . I would really appreciate if any one could advise me on this question . For example a structure plan on how to answer and any relevant cases/judgements or recommend any resources to research.
Thanks in advance,
Monica, who was the safety officer at One-Stop University, was in dispute with the university’s management over what she believed were inadequate fire precautions in the university’s buildings. To make her point, Monica decided to test the adequacy of the fire exits in the main lecture theatre.
One morning, while the lecture theatre was full of students attending a criminal law lecture, Monica set fire to some rubbish in a bin and then plunged the lecture theatre into darkness by deliberately fusing the lighting system. In the ensuing panic and confusion as the students fought to get out of the exit doors, one law student, Clinton, was trampled to death.
Advise the prosecution as to Monica’s liability for the death of Clinton.[/SIZE][/SIZE]
Involuntary Manslaughter Help Watch
- Thread Starter
- 04-12-2010 22:25
- 05-12-2010 03:39
The trick with criminal essays is always to take a strict step-based approach to the question.
First- Find the HARM that was caused. In this case, the death.
Second- Identify for which possible crimes could the causing of this harm serve as an actus reus (taking into account the question). In this case, that is murder then the two types of manslaughter.
Third- Quickly deal with the obviously wrong crimes- ie. clearly no intent for murder, no provocation etc. for voluntary manslaughter.
Fourth- define the test for the relevant crime- ie. gross negligence manslaughter.
Fifth- apply the facts to the test.