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An evaluation of the nature of the UK constitution.
March 1, 2018
Problem Question Samuel was a schizophrenic who thought that he heard “voices” from heaven advising him how to live. He lived next door to David who was a scientist and an atheist. Samuel and David did not get along. Over a period of time, Samuel’s “voices” had been whispering to him that David was an evil brought there to destroy Samuel and all he loved. As such, Samuel was advised by his “voices” to kill David. One night, Samuel broke into David’s house and gagged David and tied him to his bed before setting the bed on fire. David died. Task: You are required to answer both of the following questions: a) Identify and discuss the possible defences which Samuel can rely on in relation to a charge of murder. AND b) “The possible available defences would have differed if Samuel had been intoxicated instead of schizophrenic.” Using the factual problem as an illustration, critically discuss the effect of intoxication as being a form of an abnormality of mental functioning for the purposes of the defence of diminished responsibility in light of the Coroners and Justice Act 2009.
‘The doctrine of judicial precedent directly impinges on the idea of parliamentary sovereignty.’ Critically analyse the statement.