Hi everyone, I am new to this forum.
Basically I messed up my Criminal Law module, I got 47. Somehow I managed to get 75 in my Consitutional module. So I am in the middle of a new resit paper and I am havign trouble finding the relevant law to apply- and yes I have been through the lecture notes and I have sat on this chair from 10am this morning and I have very little done.
I am doing a problem question:
Bryan and William have been in a relationship for 12 years. The relationship has beendifficult at times because Bryan has a very short temper and often, when he has a stressful day at work, comes home and takes it out on William by putting him down and verbally abusing him.
One night after Bryan gets home late, William accidentally drops a glass in the kitchen. He can tell that Bryan is angry but Bryan says nothing and instead walks out to the hallway to retrieve his shotgun. He brings this back into the kitchen, sits down, and begins silently polishing it. He does this for half an hour and when Williams tries to get up and leave, Bryan insists that he stay. There are no bullets in the gun, or indeed the house, but William does not know this. The next day William has severe stomach pain and goes to the hospital. The doctor tells him that he has developed kidney stones and that this is due to a previously undiagnosed anxiety disorder.
Bryan returns from work that night and William does not tell him about his visit to the hospital. When Bryan explodes with rage soon after because William has burned the lasagne, William can take it no longer and smashes the heavy ceramic dish containing the lasagne over Bryan’s head. He does this repeatedly until it has smashed into small pieces. He then calls an ambulance for Bryan who is not moving and covered in blood. Bryan is seriously concussed and requires surgery for a split skull.
William picks Bryan up from the hospital some weeks after. Bryan is on a heavy dose of morphine for the pain. When they go to bed that night Bryan says to William, ‘I told the Police I didn’t remember what had happened, but I do.’ He then initiates anal intercourse with William. William is reluctant, but feels sorry for Bryan so goes along with it. However, after a few minutes he says ‘Bryan, I don’t feel comfortable.’ Bryan continues, and William begins to cry. Afterwards, William falls asleep but Bryan penetrates William anally again, this time with his fist. William wakes up and calls the police.
I have to find out the criminaly liability and any available defences. So far I have found that:
-Bryan is liable for threats to kill under OAPA s16
-William is liable for injurying Bryan's skull under OAPA s20- but does William's anxiety constitute insanity as a defence? Is duress a defence to him because of the previous threats to kill from Bryan with his shotgun? Can a defence of duress apply if the situation is removed to a previous time, i.e threat that Bryan will go and get the gun and shoot him? (even though William does not know it is loaded, it is still a threat)
I am fine with the rest of it and the issues on consent and intercourse, but I really need some guidence, I have thought about it all day and I am at my wit's end. I am not asking any of you to write the answer for me, more to point me in the right direction. I have emailed the tutors and they have been absolutely useless.