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Before answering Question 1 and Question 2, use a legal database in the OU Library to find and read the case of R v Jogee

Before answering Question 1 and Question 2, use a legal database in the OU Library to find and read the case of R v Jogee [2016] UKSC 8. You should use this to support your understanding of the elements of the relevant law for Question 1, and to support your evaluation of the law for Question 2. For each question, you are expected to reference at least one source from your OU unit material, as well as carrying out your own independent research, beyond the module materials, into the applicable law to support your answer, using the OU Library and its legal databases.

Question 1 is a problem question. You should use the IRAC method for answering law problem questions as set out in Section 6.1.4 of the Law undergraduate guide.

Read the scenario and answer the problem question that follows.

Lola and Jeff have been in relationship for two years. At the start of the relationship, things were good, and Lola enjoyed going on dates with Jeff, who bought her presents and treated her very well. After a year of dating, Lola agreed to move in with Jeff. However, after this, things started to change. Jeff became very controlling and possessive of Lola. He persuaded her to give up her job as an accountant, saying he would take care of everything but then he only gave Lola a small allowance every week for essential items like food. Jeff began isolating Lola from her family and friends, claiming they were a bad influence on her. Jeff also became quick to anger, and prone to outbursts, telling Lola she was worthless and putting her down. Due to Jeff's behaviour, Lola began to feel increasingly isolated and fearful. She became so distressed by the situation that she developed anxiety and could not bring herself to leave the house. One morning, in despair, Lola called her sister Ramona and confided everything in her.

Ramona was shocked to hear of Jeff's behaviour towards Lola. Lola planned on going to the police and reporting Jeff, but Ramona advised against this saying she would 'sort it'. That evening Ramona met with two of her friends, Hubert and Bianca. They agreed that they would go together to meet Jeff outside of the gym that he went to every night. They intended to tell him that they knew about this bad treatment of Lola, and they planned on 'teaching him a lesson' by 'giving him a few bruises'. The next morning, however, Bianca got cold feet and pulled out of the plan. Ramona and Hubert went to gym that evening and waited for Jeff to leave. Unbeknownst to Hubert, Ramona had a penknife in her pocket, which she put there 'just in case' it was needed.

Jeff left the gym at 10.30 p.m. He was walking towards his car when Ramona and Hubert approached him. Before he could react, they started to throw punches at Jeff, forcing him to the ground and beating him up. In the process, Jeff suffered extensive bruising and chipped a tooth. Sickened by Jeff's treatment of her sister and seeing red, Ramona pulled her knife out of her pocket and plunged it into Jeff's chest. Hubert is shocked and surprised and turns to run away, quickly followed by Ramona.

Jeff was seriously injured and died of his wound before an ambulance arrives.

Advise Jeff, Hubert and Bianca of their likely criminal liability for any offences arising from their actions.

You are instructed to advise three parties in respect of their possible criminal liability for any offences that may arise from their actions.

When answering this question you should:

  • use the IRAC method for answering law problem questions as set out in Section 6.1.4 of the Law undergraduate guide
  • reference at least one source from your OU unit material
  • carry out some of your own research on the applicable law to support your answer beyond the OU material (units and textbook); however, you are not required to consider offences you have not studied on the W203 module units
  • structure your answer correctly as a problem answer and advise each relevant party separately, in turn
  • examine all of the elements that need to be proven for any criminal offences you think are relevant to the parties you are asked to advise
  • state the law in relation to these elements and apply it to the facts in the scenario, identifying which facts help to prove that each element has or has not been fulfilled
  • reach a conclusion as to the likely liability of the parties you are asked to advise, based on your analysis of the relevant offences.

When advising Jeff, you should consider relevant non-fatal offences against the person and advise him as if he were still alive and therefore subject to potential criminal liability.

When advising Hubert and Bianca, you should consider all relevant offences including inchoate offences and secondary liability.

You should not advise any other parties in the scenario.

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