Question
One cold December night, Zoe and her partner Vijay, a heavyweight boxer, have an argument during which Zoe tells Vijay that she is having an
One cold December night, Zoe and her partner Vijay, a heavyweight boxer, have an argument during which Zoe tells Vijay that she is having an affair with Vijay's best friend, Tony. Vijay, in fury, alms a heavy punch at Zoe's head. The punch misses her head and Zoe runs upstairs and locks her bedroom door. Vijay pursues her and bangs on the bedroom door, shouting, at the top of his voice, "You wait until I get my hands on you. I am going to kill you." When Zoe refuses to open the door, Vijay calls to his housemate, Ana to help him break it down. Andi has not heard Vijay's threat but realises that Vijay wants to hurt Zoe. They both put their shoulders to the door and the lock gives way. Fearful for her life, Zoe lumps out of the window, lands awkwardly and breaks her ankle. At that moment, Rhoda drive* by in her car. She offers Zoe a lift to the hospital which Zoe accepts. Unfortunately, Rhoda gets lost and, when Zoe criticises her for losing her way, insists that Zoe get out of the car although the temperature outside is below freezing. Zoe, unable to walk, waits by the side of the road but no one stops to help. After a time, Zoe loses consciousness. Several hours later she dies of hypothermia.
(a) If you were a prosecutor, what would be your preferred charge of homicide, murder or manslaughter, in relation to Vijay?
(b) Give reasons for your choice in (a) above.
(c) If you did not specify this in (b) above, upon which act or omission of Vijay would you ground your preferred choice of homicide?
(d) If you were Vijay's defence counsel, what are the arguments you would advance in favour of the proposition that the chain of causation, linking Zoe's death to the act or omission specified in (c), was broken?
(e) If you were Vijay's jefence counsel, assuming the prosecution charged murder, what defence(s), if any, would you seek to advance in answer to that charge?
(f) If you were prosecuting counsel, how would you respond to defence counsel's arguments in (d) and (e) above?
(g) If you were prosecuting counsel, what would be your preferred charge in relation to Andi?
(h) Give reasons for your answer in (g).
(i) If you were prosecuting counsel, what would be your preferred charge in relation to Rhoda?
(j) Give reasons for your answer in (I) above.
(k) if you were defence counce, what argument(s) would raise in answer to the charge in (i) aavove?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started