Solve the Case: GBH & Murder
Can you Solve the Case?
You are a research assistant to the Lord Chief Justice of England and Wales who is one of the judges who will have to decide Tony’s appeal in the early new year (see case below). He has asked you to advise him of the arguments which are likely to be made by both the prosecution (supporting Tony’s conviction) and the defence (seeking to have the conviction overturned). You will be required to examine/ apply the definition of murder to the specific facts. No prior legal knowledge is required or expected
The Case
Mary is 22 years old and in February 1996 she becomes pregnant by her boyfriend Tony. In early August she quarrels with Tony and the conflict escalates, ending when Tony stabs her three times with a kitchen knife, including once in the abdomen. Mary is taken to hospital where she is told that the baby hasn’t been harmed by the attack.
Mary thinks she has made a full recovery but 2 weeks after the attack she goes into labour and her baby is born prematurely in mid-August. Mary’s baby boy survives on a ventilator until November when he dies because of a lung condition associated with the premature birth. In relation to the attack on Mary, Tony is charged with the offence of wounding with intent to cause GBH. He pleads guilty and is sentenced to 4 years’ imprisonment.
After the death of the baby, the Director of Public Prosecutions decides that further criminal proceedings must be brought against Tony. In September 1997, Tony is convicted at Cambridge Crown Court of murder of the baby and is sentenced to life imprisonment. Tony now appeals against his conviction to the Court of Appeal (criminal division).
Duration: Suggested 1-2 hours, dependent on the level of detail desired.
