Criminal Law: Murder and Defences - A Case Study on Denzel

This report discusses criminal law and a case study on Denzel, who is facing charges of murder. It explains the elements of murder and applies them to the case. It also explores the defences available to him under the Homicide Act 1957, specifically the defence of loss of control. The report concludes that criminal law regulates criminal acts in the country and provides rules and regulations to control them.

Assessment 2 Denzel

Table of Contents
INTRODUCTION...........................................................................................................................2
MAIN BODY...................................................................................................................................3
PART A ......................................................................................................................................3
Question 1 ..................................................................................................................................3
Part B...........................................................................................................................................4
Question 2...................................................................................................................................4
CONCLUSION................................................................................................................................6
References:.......................................................................................................................................7
INTRODUCTION
Crime is an act that not only affects the individual but the society at large. The consequences of a
crime are sometimes unbearable for the people who are impacted by any such acts. Criminal law
lays down certain rules and regulation along with the legislations that prohibits the criminal
activities in the country. The laws are enacted with the purpose to provide support to the
criminal justice system of the country1. The major objective of the criminal law is to render
protection against any kind of irregular human conduct. It also helps in attaining a balance
among the society by avoiding chaos and uncertainties of acts. It helps in solving the conflicts
1 'Criminal Law: Murder: Elements Of Murder' (2021) 6 Michigan Law Review

between the citizens of the country. This particular report explains the sanctity of criminal law by
providing solution as an advisor to Denzel's solicitor in the following case study.
MAIN BODY
PART A
Question 1
Issues
Denzel is a builder who is under stress as he was unable to meet one of his closest friend Doug
from preceding three months. Doug posses a close friendship with Jemima and she use to visit
his house on regular basis. Denzel has done a lot of hard work in building a flat for his friend
Doug. He has performed most of the major work by himself. Once, in search of Doug, Denzel
and Jemima gathered at Doug's house and start discussing about him. But after few minutes,
Denzel heard something weird from Jemima's mouth regarding stabbing Doug and purpose for
doing that. Out of anger and rage Denzel grabbed her from the neck area and started asking
regarding Doug. She was unable to answer him because of loss of her breath. He then pushed
Jemima from the bed on the staircase. Then he asked her once again about stabbing Doug.
Jemima nodded her head. After that, filled with the sense of revenge and hatred, Denzel stamped
in the chest due to which Jemima fell on the ground. The railings of the broken staircase were
went through her body and she left unconscious.
The legal issue that has been framed in this particular case is that whether Denzel can held liable
for committing the offence of murder or not?
Rules
The legislation for murder is given under common law that is uncodified. The Homicide Act
1957, defines murder as it is the act in which a person unlawfully kills another person with the
intention to cause death or grievous injuries. The elements of murder includes the following-

 Mens rea- it constitutes guilty intention of the person who is involved in killing another
person. Malice intention is an essential element of murder. There must be a motive
behind the killing2.
 Actus Reus- there must be an act which is committed in the pursuance of guilty mind.
Without performing any act of killing other person, one cannot be made liable for such
offence, that is why action is important.
 Unlawful killing- a person must kill the person unlawfully by performing any act or
omitting a particular act that causes death of a particular human being. As there are some
killings that are considered to be unlawful, such as if a person kills someone in self
defence, state order any purposeful executions for example- terrorists, gang-wars, etc.
 Human being- it is important that the person who is performing the murder and who is
being murdered both must be human beings3. Animals are excluded from this form of
offence. Also killing a foetus in a mother's womb does not constitute the crime of murder.
Applicability
The applicability of the law in the given case scenario is shown by the following happenings-
Denzel is liable for the murder of Jemima because he was already filled with stress as he did not
seen his friend from past three weeks. In order to find him, he along with Jemima went to his
house which was constructed by him. While having a discussion about Doug, he came to know
about Jemima's act that she has done something to Doug because once he tagged her as lady
killer while having conversation with Denzel as he killed her first husband for money. On the
basis of the fact stated by Doug about Jemima, he constructed her as a killer of his friend too. He
also asked her about stabbing his friend Doug and she nodded the head in her answer which is
counted as an assent over a specific thing. After hearing all this, Denzel with all his force pushed
her in the staircase due to which she has fell over the broken railings that went through her body.
2 Bickle A, 'Partial Defences To Murder Under Review' (2021) 12 Mental Health Review
Journal
3 Beinlich, L., 2021. Access to Justice. SSRN Electronic Journal,.

All this constitutes the elements of crime that is intention of killing Jemima after confirming that
she is involved in stabbing his friend Doug. Out of anger and in order to take revenge from
Jemima, Denzel wanted to kill her because the way he pushed her, choked her clearly shows his
intention of hurting or causing death of Jemima. Therefore, Denzel is liable for the murder.
Part B
Question 2
Issues of the case-
Denzel has no comments when the solicitor of the case met him personally. He told the solicitor
that he had no intention to cause murder of Jemima. He explained that Jemima and he went to
bedroom. In the bedroom, Jemima went ice cold with Denzel after changing her dress in the
bedroom. At that time, she assented that she had purposely murdered Doug. By this statement of
Jemima, Denzel got afraid and slowly pushed her. As the force applied on Jemima she felt on the
3rd staircase. After felling on the staircase, the rod of the staircase was damaged and went
through the back of Jemima and came back from the front of the stomach. She bleed very much.
At that time, Denzel was shocked that the railings got damaged because these railings were of
the best quality he manufactured. So, in order to relieve, he went downstairs to have some cold
beer. After having the beer, he slept and when on next morning he awake, he saw Jemima dead
on the floor.
Whether any defence is available to Denzel for the cause of death of Jemima done by him?
Rule-
The Homicide Act 1957 explains about the three defences that can be used in case of
murder done by the murderer. This act was modified under the name of Coroners and Justice
Act, 2009. This act explains the conception of the murder as in the English law. There are three
main defences that can be used by the accused party of the case in case of murder under the
criminal courts of the country. These includes the loss of control, diminished responsibility and
suicide pact. All these three defences are different from the general exceptions as covered by the
criminal law of UK4. Moreover, it do not apply to all the crimes. It too has the effect to reduce
4 Hoyano, L., 2021. Coroners and Justice Act 2009 – Special Measures Directions Take
Two: Entrenching Unequal Access to Justice?. SSRN Electronic Journal,.

the criminal liability indeed to absolve the defendant from the overall liability. The loss of
control defence was established by the section 54 of the Coroners and Justice Act, 2009. this act
came into force on October, 2010 in the country of UK. The killings that are being committed
prior to this date has to be continuously governed by the defence of provocation. Moreover, the
defence of loss of control is a incomplete defence which may cut down the liability for murder to
manslaughter. This even does not operate to justify the defendant with the total liability. This
defence is not a general defence so it exists only for crime of murder. It was established in place
of defence of provocation5. The change was done to reduce the problem of defence of
provocation as it has too much consideration as per the rules of the appeal courts. The appeal
courts were not always accordant in the interpretation and application of the defence of
provocation as provided in the section 3 of the Homicide Act 1957. The defence of loss of
control is far more restrictive to its application. The Ministry of Justice Impact Analysis of 2009
estimated that the changes has resulted in a further 10-20 murder other than manslaughter
convictions per year at a cost of £4-8 M in prison systems and court system of UK. In this case,
the burden of proof lies on the shoulder of the prosecution.
Applicability of the law in the case-
According to the sub section 5 of section 54 of the Coroners and Justice Act, 2009 If the
jury is satisfied with the evidence and the proof , then it can grant the defence to the accused
party of the case. The case law of R v Duffy, 1949 is related to the defence of the loss of control
in murder. In addition to this, the case of R v Thornton is related to the defence of the murder as
per the section 54 of this act. The defence of loss of control as per the sub section 1 of section 54
of the Coroners and Justice Act, 2009 can be applied in this case scenario. This is because when
Jemima was pushed, the accused lost his control. It was totally unexpected to him that such push
can cause the serious death of the victim of the case. This can also be seen that the accused was
very sure about the good quality of the iron rods of the railings of the staircase which was
damaged in the case6. The railings has caused the death of the victim of the case. This shows that
5 Cox M, and Bell L, 'Recovery Of Human Skeletal Elements From A Recent UK Murder
Inquiry: Preservational Signatures' (2018) 44 Journal of Forensic Sciences
6 Awofeso N, 'Poverty, Murder, And Respect: Unlikely To Be Linked In UK' (2021) 337
BMJ

there was no intention of the accused to cause such death of the victim. Therefore, the defence of
loss of control can be complied in the present case scenario.
Observation-
The above case scenario concludes that there was no fault of the accused in causing the
death of the victim of the present case. This is because there was no serious involvement of the
criminal intention of the accused in the present case scenario. The lack of control has resulted
into the death of the part. There was no presence of mens rhea in this case as it was merely a
accident.
CONCLUSION
The conclusion drawn from the above report is that criminal law regulates the criminal acts in the
country. Basically, it provides certai8n rules and regulations through which the criminal
activities in the state can be controlled. It also discusses a case study in which a particular
offence that is murder has been identified according to the facts of the case. Further, it also states
some of the defences that could be taken by the accused in case of commission of such type of
offence that are enshrined under the Homicide Act, 1957. They are loss of control, diminished
responsibility, killing in pursuance of suicide accord.
References:
'Criminal Law: Murder: Elements Of Murder' (2021) 6 Michigan Law Review
'Lying In Wait Murder: Criminal Law. Homicide. First Degree Murder Does Not Require
Premeditated And Deliberated Intent To Kill When Murder Committed From Lying In
Wait' (2021) 6 Stanford Law Review
Beinlich, L., 2021. Access to Justice. SSRN Electronic Journal,.
Bickle A, 'Partial Defences To Murder Under Review' (2021) 12 Mental Health Review Journal
Hoyano, L., 2021. Coroners and Justice Act 2009 – Special Measures Directions Take Two:
Entrenching Unequal Access to Justice?. SSRN Electronic Journal,.
Awofeso N, 'Poverty, Murder, And Respect: Unlikely To Be Linked In UK' (2021) 337 BMJ
Cox M, and Bell L, 'Recovery Of Human Skeletal Elements From A Recent UK Murder Inquiry:
Preservational Signatures' (2018) 44 Journal of Forensic Sciences