Use IRAC, state clearly if it helps – and at every offence / step. Reset IRAC … Offence first. Then defence …

Q‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍uestion Read the following scenario and answer the question below: James has a three-year old daughter, Bethany. One Saturday morning, he is called into work unexpectedly. He calls his friend David to see if he can look after Bethany while he is at work. David, who has often cared for Bethany in the past, agrees to do this. David is playing with Bethany in the back garden when she slips and falls. She hits her head on the concrete. A few minutes after the fall Bethany becomes quite disorientated and very sleepy. David decides to put her to bed. He does not check on her after she goes to bed. When James returns from work three hours later, he finds Bethany dead in bed. James confronts David and they get into a terrible row. When James says he is going to call the police, David punches him hard on the head. James falls to the ground unconscious. Thinking that he has killed James, David panics. He decides to try and cover up his acts by disposing of both bodies in a nearby lake, hoping that their deaths will appear to be a drowning. He waits until it is dark, and then puts both Bethany and James into his car and drives to the lake where he puts both bodies. When the bodies are recovered two days later and a post-mortem is performed it is discovered that the cause of James’s death is drowning. The knock on the head did not cau‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍se his death. The following day, David is rather upset and panicked about the entire episode. He has become very paranoid about being caught. He receives a visit from Sarah, James’s ex-wife. Sarah brings up the deaths of James and Bethany and asks David what he knows about it. When Sarah challenges him, David becomes angry and completely loses control of himself. He suddenly grabs a bread knife that is lying nearby and stabs Sarah repeatedly in the abdomen in a frenzied attack. He is charged with murder (therefore, please do not explore in any detail the offence of murder). Assess the criminal liability of David. END OF QUESTION ADDITIONAL GUIDANCE • 1 Question: range of topics. Offences and defences. • Only be assessed on areas regarding Criminal Law! Don’t include others! • Use IRAC, state clearly if it helps – and at every offence / step. Reset IRAC … Offence first. Then defence … cycle through the question and issues • Use OSCOLA and reference! • Do not write an introductory paragraph. Get straight to the point and into the question! • First sentence should read: “The first offence that xxx may be liable for is … This offence is defined as … “ then launch into the offence requi‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍rements in accordance with IRAC

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