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Alan and Betty are contestants in a TV game show ‘Eviction’. It includes a series of games directed by ‘The Boss’ between contestants with the aim that the losing contestant is evicted from the show. Alan and Betty have become particularly competitive and neither has any intention of being evicted. As the show progresses it is clear that Betty is in the lead and Alan thinks he is facing eviction. This makes Alan very angry and he starts arguing with Betty. Eventually Alan punches Betty so hard in the face that Betty’s cheekbone is fractured. Betty is taken to hospital where the fracture is set but unfortunately she develops septicaemia (blood poisoning), which the doctors fail to diagnose. Betty dies after three days of terrible suffering.         
From the TV control room Cathy and Derek, the producers of ‘Eviction’ and directors of Eviction Ltd the production company, had been watching the argument between Alan and Betty but had delayed sending in security to stop or calm down the incident. Ratings for the show had been dropping and such an incident, when shown would help create great interest in the show and the ratings would increase. Security officers were sent in after Alan punched Betty.       
Advise of Alan, Cathy, Derek and Eviction Ltd of their potential criminal liability and any possible defences. It might be helpful to think about the following:
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Academic Services June 2015
1. Alan’s criminal liability for murder (mens rea and actus reus). 2. The loss of control partial defence under ss.54-56 of the Coroners and Justice Act 2009 in particular the anger trigger.  3. Causation in particular interventions between conduct and result (novus actus interveniens). Does the doctors’ conduct amount to a novus actus interveniens?   Consider Jordan (1956) 40 Cr App R 152; Smith [1959] 2 QB 35; Cheshire [1991] 3 All ER 670.  4. Cathy and Derek’s criminal liability for killing by gross negligence. Consider Adomako [1995] 1 A.C. 171 and Evans [2009] EWCA Crim 650.  5. Eviction Ltd.’s liability for corporate manslaughter. Consider section 1(1) and (3) of the Corporate Manslaughter and Corporate Homicide Act 2007.  
Method of Approach  
You need to ascertain from the facts whether the elements of a crime defined by the substantive law (here murder, killing by gross negligence and corporate manslaughter) are present i.e. the actus reus and the mens rea/fault. To do this you must research the relevant substantive law and then apply it to the facts. Just stating the substantive law will not be enough to pass the assignment. To obtain a B grade or above there must be evidence of considered thought when applying the law to the facts. Murder, killing by gross negligence and corporate manslaughter are result crimes so it must be proved that the defendant’s conduct caused the unlawful killing. The same method should be used in respect of the partial defence of loss of control.



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