Criminal Law Coursework Questions Paul and Victoria have been i...

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Criminal Law Coursework Questions

Paul and Victoria have been in an on-again off-again relationship. One day, when Paul meets Victoria after a gap of a few weeks, as he leans in to kiss Victoria, she stops him, telling him that she now has a steady boyfriend. At this, Paul gets very jealous and demands to know who this new boyfriend is.
However, Victoria refuses to tell him.
Still jealous and seething, Paul decides to go for a long walk to cool off. Along the way, he meets his friend Selma and confides to Selma that he will not get any peace until he knows who has ‘stolen’ Victoria away from him.
As he recounts the day’s events to Selma, Paul concludes that the only way to find out the identity of Victoria’s secret boyfriend is to break into Victoria’s house that night and to take away her personal diary, which he is sure contains this information. Paul asksSelma to be his lookout, butSelma wants nothing to do with the plan.

However, Paul insists, and when Selma continues to refuse, he threatens to tell Selma’s husband that Selma has been having an affair for the last six months.
Reluctantly, Selma agrees to act as Paul’s lookout, but makesPaul promise not to ‘fool around’ with Victoria(by which she means that Paul should not make any sexual advances towards Victoria).

Late that night, Paul and Selma slip into Victoria’s house through an unlocked ground floor bathroom window, and Selma takes up position in the ground floor hallway to watch the front door.
In the meantime, Paul goes upstairs to Victoria’s bedroom to look for Victoria’s diary. In the bedroom, he seesVictoria fast asleep, and notices a strong smell of alcohol.

He immediately realizes that Victoria is drunk and passed out, and instead of looking for her diary, decides that he will get what he really wanted from Victoria after all.
He therefore strips and penetrates the still unconscious Victoria’s vagina with his penis. At this point, Victoria wakes up and begins to scream.
Both Paul and Selma panic and leave the house, but are arrested soon thereafter.

Discuss the criminal liability of Paul and Selma. Also consider whether there are any defences available to either of them.How would your answer be different before R v Jogee [2016] UKSC 8?

1. This must be in Microsoft Word format – that is .doc or .docx.

2. This coursework will constitute 50% of the module mark. There is a word limit of 2500 words, with a 5% tolerance after which penalties will be applied.
Footnotes count towards the word limit, but the bibliography does not.

3. Students should use footnotes for any references made to cases, statutes, books, articles etc.

4. Please pay attention to the structure of your work. Write clearly and simply and spell correctly. You should ensure that cases and journal articles are given a proper citation.

5. At the end of your coursework, within the same Word document that contains your main essay, you must provide a full bibliography. You should also include an exact word count for the question.

6. Students should use footnotes for any references made to cases, statutes, books, articles etc. Guidance on footnoting is found in the Assessments section of Liverpool Law School Intranet under Law School Citation Guide.

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These solutions may offer step-by-step problem-solving explanations or good writing examples that include modern styles of formatting and construction of bibliographies out of text citations and references. Students may use these solutions for personal skill-building and practice. Unethical use is strictly forbidden.

I. INTRODUCTION

Crime rates on women are increasing day by day.
The legislature therefore was right in revamping the rape laws and other sexual assaults on women in the year 2003.
There were and still is large hue and cry on the new laws being overly criminalizing sexual behavior that sometimes are acts of sexual foolishness or stupidity.

The recent case in R v Bree triggered many such debates and prompted Sir Igor to comment “Legislation intended to protect women could be conflated into a system which would provide patronizing interference with the right of autonomous adults to make personal decisions for themselves” .
But the new law Sexual Offenses Act 2003 provides specific legal protection for children aged 12 and prohibits any sexual activity with a person under the age of 16.
Additionally a new offense was introduced called Sexual Assault by Penetration whereby male or female if intentionally penetrated the vagina or anus of another person with a part of their body or anything else, without their consent was made actionable.
II. ISSUES
A. Whether Paul is criminally liable for

1. Trespassing
2. Inchoate offenses like Incitement, Conspiracy, Attempt to commit Theft, Robbery or Burglary
3. Rape

B. Whether Selma is criminally liable as an accomplice?

III. ELEMENTS OF CRIME

1. Trespass

There can be an offense of trespass to person and property.

a) Trespass to person
Trespass to the person means a direct or an intentional interference with a person's body or liberty. The main forms include Assault and Battery.
• Assualt & Battery

An assault is an attempt or a threat to do a corporeal hurt to another, coupled with an apparent present liability and intention to do the act. Battery is the intentional and direct application of physical force to another person.
Actual contact is not necessary in an assault, though it is in a battery.

b) Trespass to Property
This is Illegally entering another person's property.

2. Inchoate Offenses
This...

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