RIMINAL LAW -PLEASE SEE FULL QUESTION BELOW

THE FULL QUESTION IS:
Claire and Tony have been married for 15 years and they have 3 daughters aged 4, 11 and 14. Tony has always been a very domineering husband and father but over the last 3 years his desire to control everything and everybody around him has become more extreme. When Claire disagrees with him or wants to do something on her own without his permission he loses his temper and shouts and screams at her and both threatens to be and is physically violent to her. Sometimes his violence takes the form of sexual assault a which he says is just his right as a husband. Claire is terrified and feels powerless to do anything. She wants to protect her daughters and is especially concerned that Tony might be violent towards them.



Answer BOTH questions (a) and (b) below:



(a) One night Claire wakes up because she can hear what she thinks is Tony forcing her eldest daughter to have sex with him. She is too scared to do anything immediately. Much later when Tony is asleep Claire goes to the kitchen finds a knife walks into the bedroom and stabs Tony 10 times. Tony dies instantly and Claire then calls the police.

Discuss the criminal liability of Claire raising all the possible defences.



(b) One evening Tony loses his temper with Claire because the evening meal is not ready on time. He throws plates at her and scrams at her for over one hour. This has happened many times before. Claire is desperately unhappy and feels trapped. After the meal when Tony is watching the television she quietly leaves the house, gets in her car and drives over a cliff. She is killed instantly.

Discuss the criminal liability of Tony for Claireas death.



PLEASE USE FOOT NOTES WHEN REFRENCING FURTHER MATERIALS TO FOLLOW
RAPE:
MARTITAL RAPE:
1) BROOKS, R [1989] MARTITAL CONSENT IN RAPECRIM LR 877-887
2) ARTICLES IN NLJ: SEPT 22 1989, AUGUST 101990, NOVEMBER 16 1990
3) GLANVILLE WILLIAMS, NLJ FEB 15 1991 AND NLJ JAN 10 1992
4)LAIRD, V REFLECTIONS ON R -VR55 MLR 386
5) TEMPKIN J 2000 RAPE & THE LEGAL PROCESS LONDON SWEET & MAXWELL
6) LOZIDOU E , THE TROUBLE WITH RAPE: GENDER MATTERS & LEGAL TRANSFORMATIONSFEMINIST LEGAL STUDIES (1999) V.7 275-297
7) RUMNEY P REVIEW OF SEX OFFENCES & RAPE LAW(2001) 64 MLR 890

8) LACEY N BESET BY BOUNDRIES: THE HOME OFFICE REVIEW OF SEX OFFENCES”
9)TEMKIN & ASHWORTH THE SEXUAL OFFENCES ACT 2003, RAPE SEXUAL ASSUALTS AND THE PROMBLEMS OF CONSENT [2004] CRIM LR 328
10) CASES OF : R -V R [1992] 1 AC A599[HL][1991] 3 WLR 767 & [1991] CRIM LR 475
11) CASE OF R -VC 1 ALL ER 755
12) CASE OF B-V-DPP [2000] 1 ALL ER 833
13) MORAN, L [1989] INDENCENT ASSUALT: WHAT IS INDECENCY? LIVERPOOL LAW REVIEW VOL X1 P99-109
14) COBLEY C [1991] CHILD VICTIMS OF SEXUAL ABUSE AND THE CRIMINAL JUSTICE SYSTEMIN ENGLAND & WALES [1991] J.S.W.L 362FF
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VOLUNTARY MANSLAUGHTER:
PROVOCATION:
15)CASE OF AHLUWALIA [1992] 4 ALL ER 889
16) CASE OF THORNTON [1992]1 ALL ER 306 & THORNTON 2 1 WLR 1174 [1996]2 ALL ER 1023
17)CASE OF CAMPLIN [1978] 2 ALL ER 168 HL
18)CASE OF SMITH [2000] 3 WLR 654 [2000] 4 ALL ER 289 HL A-G OF JERSEY -VHOLLEY [2005] 2 AC 580

DIMINISHED RESPONSIBILTY:
19) CASE OF WOOD [2008] EWCA CRIM 1305 [2009]1 WLR 496
20) CASE OF R -VKHAN [DAWOOD] [2009] EWCA CRIM 1569
21) CASE OF EVANS [JOHN DEREK] [2009] EWCA CRIM 2243
22) THE LAW COMMISSION REPORT PARTIAL DEFENCES TO MURDER, CONSULTATION PAPER NO 173 PUBLISHED 31.10.03
23) BELL C & FOX M TELLING STORIES OF WOMEN WHO KILL[1996 SOCIAL & LEGAL STUDIES 5 (4) 471
24) M BURTON [2001] INTIMATE HOMICIDE AND THE PROVCATION DEFENCE ENDAGERING WOMAN? R -VSMITH, FEMINIST LEGAL STUDIES 9 [3]247
25) J CHALMERS MERGING PROVOCATION & DIMINISHED RESPONSIBILTY: SOME REASONS FOR SCEPTISM [2004] CRIM LR 198-212
26) J HERRING FAMILIAL HOMICIDE, FAILURE TO PROTECT AND DOMESTIC VIOLENCE: WHOS THE VICTIM? [2007] CRIM LR 923-933
28) A HOWE PROVOKING POLEMIC-PROVOKED KILLINGS AND THE ETHICAL PARADOXES OF THE POSTMODERN FEMINIST CONDITION [2002] FEMINIST LEGAL STUDIES 10(1)39-64
29) R.D MACKAY THE CORONERS & JUSTICE ACT 2009PARTIAL DEFENCES TO MURDER (2) THE NEW DIMINISHED RESPONSIBILTY PLEA [2010] CRIM LR 290
30) A NORRIE THE CORNOERS & JUSTICE ACT 2009PARTIAL DEFENCES TO MURDER (1) LOSS OF CONTROL [2010] CRIM LR 275
31)K ODONOVAN [1993] LAWS KNOWLEDGE: THE JUDGE, THE EXPERT, THE BATTERED WOMAN AND HER SYNDROME, JOURNAL

32) RAPE CASE OF R -VBENJAMIN BREE 2007 EWCA CRIM 804
33)CASE OF JHEETA [2007] 2 CR APP R 34

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