E-mail

To: [trainee (you)]

From: Emma Jones

Date: [today]

I am going to the police station later today to represent a new client, Fiona Geeghan.

Fiona was arrested this morning. It is alleged that, at 3.30 am today, she set fire to the garden shed of her neighbour, Marty Jackson. Unfortunately, the fire destroyed the shed and spread quickly. A number of people in nearby houses had to be awoken and asked to leave their homes whilst the fire brigade brought the fire under control. The initial instructions I have are that Fiona accepts that she set fire to the shed. She says she was on her way home from a night out celebrating her friend's birthday. She had drunk several glasses of Prosecco wine and her recollection of her journey home is hazy because she was drunk.

Fiona does remember that, as she passed Marty's house, she recalled that Marty had told her a few days ago that he wanted to get rid of his garden shed and replace it with a garden office as he works from home. Fiona decided to set fire to the shed. She thought Marty would be pleased if it was damaged as he could make an insurance claim, using the money to build a garden office.

Fiona was shocked when Marty and his friend, Georgia Alleyhane, came running out of the house, shouting "What do you think you are doing, you crazy woman!" As they ran towards her, waving their fists and shouting, Fiona says she feared they were about to attack her so she lashed out at them with her handbag. The bag has a heavy buckle which struck Marty's nose, causing him to suffer a nose bleed. The bag also hit Georgia's arm, causing minor bruising.

When she was arrested, Fiona told the police that she was surprised that the fire had spread so quickly. The police say they found petrol on the driveway adjacent to the shed. The fuel has been traced to a leak from the petrol pipe of Marty's sports car which is parked on the driveway.

The police have also told me that Marty called an ambulance after Fiona hit him because he was unable to stop his nose bleeding. Unfortunately, Marty died before the ambulance arrived. The cause of death was extreme blood loss from the nosebleed. Apparently, the severity of the bleeding was due to medication Marty was taking for a heart condition.

1. What offences will the prosecution allege that Fiona has committed, under the Criminal Damage Act 1971, when she sets fire to the shed?

1. Will Fiona be able to successfully raise a defence of lawful excuse, under s.5 (2)(a) Criminal Damage Act 1971, to any of the potential offences she has committed in setting fire to the shed?
2. What offence, under the Offences Against the Person Act 1861, has Fiona committed when she hits Georgia with her handbag? Do you consider she will be able to successfully raise a defence of self-defence to this offence?

1. Will the prosecution be able to prove the elements of the offence of unlawful act manslaughter against Fiona in relation to Marty's death?