Criminal Law
WordLimit:1500 words
Jack and Victoria have been married for 20 years. The relationship has been an unhappy one for Victoria, since she feels Jack controls her life. Amongst other things, he prevents her from seeing her family or friends, he prevents her from obtaining a job, he chooses all her clothes, and he requires her to always drive him to see his friends, and to work. If she goes anywhere on her own, Jack follows her movements on his mobile phone, and by means of trackers fitted to her mobile phone and to the car she drives. Jack has never been violent to Victoria, but if she objects to doing the things he requires her to do he becomes angry and commands her to do what he says; she has little self-confidence and obeys Jack when he gets angry. In social situations Jack talks about Victoria to others in her presence, making disparaging remarks about her appearance, and her weight. Victoria suffers from depression, and severe clinical mood disorder, which has developed during the period of her marriage. Jack has had numerous affairs during the course of the marriage, which Victoria has become aware of; when Victoria asks about these affairs, Jack responds, ‘that’s my business’.
One evening, Victoria has prepared supper for Jack, and they sit down in the dining room to eat. Jack doesn’t eat his food, but shouts ‘this is filth!’ and throws the plate of food to the floor. He says ‘you’re completely useless, I don’t know why I married you, you’re just a sad waste of space!’. At that point Jack’s phone rings, and he answers it. The caller is a woman called Trudi, with whom Jack is having an affair; he speaks fondly to Trudi, and in the course of the conversation arranges to meet her later that evening; Victoria can hear the conversation. Jack hangs up and tells Victoria to ‘clean up this mess’, and ‘after that drive me to Trudi’s house’.
Victoria walks into the kitchen, where she remains, standing by the sink, for fifteen minutes. She then picks up a kitchen knife from the knife block, walks back into the dining room, and stabs Jack repeatedly in the back, killing him.
Discuss the criminal liability of Victoria for Jack’s death, and the scope of any defences she may seek to rely on.
2019–2020Academic Session
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