Riminal Law. Problem Question.R v Danny Johnson

The coursework will be the preparation of a written legal advice in the case of R v Johnson, below.


You are required to prepare and set out in writing an advice a for the prosecution on the following case: R v Danny Johnson, below.

R v Danny Johnson:

Danny Johnson has a gambling problem, and he is deep in debt. He has borrowed money from Martin, a money lender. He now owes Martin thousands of pounds, and Martin demands payment.

One night, Danny tries to break in to a mobile phone warehouse in Hilsea. He manages to get on to the roof, which slopes down on either side, and tries to open a skylight. However, he sets off the intruder alarm which tells Victor, the night security guard, that there is someone on the roof. Victor climbs up on to the roof, to try and catch Danny. Danny sees him, and realises he is trapped. As Victor approaches Danny, Danny says a?Donat be a hero mister a Iam getting out of here!a?. Victor reaches to grab Danny but Danny swings a punch at him. Victor ducks the punch, but loses his balance, and slides down the sloping roof. He is about to fall off the roof, but he manages to hold on to the edge of the roof, dangling 50 feet above the ground. He calls for Danny to help him, but Danny is keen to escape, and ignores Victor. Victor canat hold on for long, and he falls to the ground. He suffers serious internal injuries. Danny is climbing down from the roof, but the police a also alerted by the alarm a arrive and arrest him.

Victor is taken to hospital and is treated for his injuries. A few days later he is visited by his wife and young son, aged 4. As they are leaving, Victoras son accidentally knocks the intravenous saline drip from Victoras arm. Neither his wife, nor any of the medical staff notice that the drip has been knocked out. After 2 days Victor slips in to a coma, caused by the lack of saline in his system, and dies.

Danny accepts that he was trying to break in to the warehouse, but denies that he is responsible for Victoras death.

The Crown Prosecution Service are now examining the law on homicide, and considering what charges to bring against Danny, and what defences Danny might be able to use.

At the same time, Dannyas defence team are also considering the law to work out what charges he might face, and what defences they may raise to any charges brought against him.
Your advice a supporting the prosecutiona should explain what the law is concerning homicide, and a given the facts of this case a what charges should be brought, and what defences might be raised.
How to achieve 2:1

The writer should be English, Avoid plagiarism please.

The course work should contain most of the information required, is accurate and relevant, and demonstrates understanding of the subject matter.

Well researched, good use and presentation of references including citation of legal authorities.

It must shows a sound understanding of both the basic principles and relevant details of the law, supported by examples which are demonstrably well understood and which are presented in a coherent and logical fashion. The answer should be well presented, display some analytical ability and contain no major errors or omissions.

In problem questions i) all the major issues and most of the minor issues must have been spotted; ii) the explanation of the legal rules must be accurate and comprehensive, iii) the application of the legal rules must be sound; iv) there should be a conclusion that summarises the legal position of the relevant parties.


Suggested reading for coursework
Janet Loveless a?Criminal Lawa? Chapters 2, 3, 6 & 7
Woollin [1999] 1 AC 82 (HL)
Cheshire 1991 3 All ER 670
Newbury and Jones v DPP (1977) HL
Roberts (1971) 56 CAR 95
Matthews & Alleyn [2003] EWCA Crim 192

NOTE: I will be downloading more cases to help you as well.
Word Limit: 1750 words excluding footnotes and bibliography.