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Harvard
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Law
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Case Study
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English (U.S.)
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Irac problem style question
Case Study Instructions:
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:
reference to R v Jogee 2016
Use UK law only
use the IRAC method for answering
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.
Case Study Sample Content Preview:
IRAC PROBLEM STYLE QUESTION
Student's Name
Problem
Course
Professor's Name
University
City (State)
Date
Issue
Lola and Jeff were in a relationship for two years. In the beginning, the relationship was running smoothly, without any complications. Jeff was a doting boyfriend who cared for her Lola. She moved in with Jeff after a year because of Jeff's caring behaviour. However, the situation completely changed after she moved in, as Jeff became highly possessive, and his behaviour altered completely. He tried to isolate Lola from her family and friends by mentioning them as adversely influencing her. He also persuaded Lola to let go of her financial independence by resigning from her job as an accountant and saying that he would be providing for her. He gave her a meagre amount that barely covered food expenses. He became short-tempered and continuously vented his anger on her by disrespecting her.
She could not leave his house because she was in a distressing situation. Eventually, she shared everything with her sister, Ramona, by calling her one morning, who was shocked to hear such things about Jeff's behaviour. Lola shared her plan of reporting Jeff to the police; however, Ramona forbade her from taking such a step. Ramona reassured Lola that she would sort the matter herself. Ramona shared her sister's situation with her friends, Bianca and Hubert. All of them decided to see Jeff at night near his gym. They planned that they were aware of his behaviour towards Lola and would make him realise his mistake by hurting him with bruises.
Bianca did not join her friends because she was sick the following morning. Hubert and Ramona waited for Jeff outside his gym. Ramona had kept a pen-knife with herself as she thought she might need it, which was hidden from Hubert. Hubert and Ramona approached Jeff after he had left the gym at 10:30 p.m. Jeff was taken aback after both of them started punching him incessantly. He was severely bruised, and his tooth got chipped as well. Ramona was furious at Jeff because of his treatment and behaviour towards Lola. Under rage, she pulled out her knife and attacked it with her knife on Jeff's chest. Hubert started to run as he was utterly shocked to see this. Ramona also followed suit, leaving behind a highly injured Jeff, who died even before the arrival of the ambulance. The potential criminal liability of Hubert, Bianca and Jeff is described in this study, along with the application of relevant laws and their analysis.
Rules
Jeff
Jeff exhibited highly controlling behaviour towards Lola. He tried to isolate her socially, which is considered an offence as per the law of the United Kingdom, such as emotional abuse, harassment and coercive control. The Domestic Abuse Act 2021 can be applied to the actions shown by Jeff. Controlling and coercive behaviour in familial or intimate relationships has been criminalised by The Domestic Abuse Act 2021 (UK.gov 2021). A behavioural pattern deployed to harm, punish or frighten a person can be defined as coercive control. Different tactics are utilised in such behaviour, which include monitoring, intimidation, surveillance, isolation, and financial restraint.
Jeff can be accused of financial abuse and domestic violence as well since he tried to cut off Lola from her family. Emotional abuse incurred by Jeff's actions and behaviour towards Lola cannot be ignored. Although there is no explicit definition of emotional abuse in UK law, it is still enlisted as a type of abuse in the Domestic Abuse Act that can be prosecuted as well. Humiliation, manipulation, threats and verbal abuse are considered as emotional abuse. Jeff's actions are tantamount to harassing Lola. The offence of harassment has been addressed in the Protection from Harassment Act 1997, which defines it as conduct that causes distress or alarm in other people (UK.gov 1997). Civil injunctions and criminal charges can be applied to the offender committing such offences. Jeff can be accused of financial abuse and domestic violence as well since he tried to cut off Lola from her family and curtailed her economic independence.
Hubert
Hubert can be accused of premeditating a plan to injure and harm Jeff in collaboration with Ramona. A deliberate plan can be defined as a pre-planned strategy before acting. It refers to crimes committed after considerable planning rather than impulsively ...
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