Paper , Order, or Assignment Requirements
David is driving his car along a country road. He sees a friend, Imran, at the side of the road and takes one hand off the steering wheel to wave. As a result, he does not turn correctly at a junction and crashes into a telephone box at the side of the road, knocking it over.
Later that day, David is walking past a row of shops when he sees a former friend, Janice, who he believes owes him a large sum of money. David decides to scare Janice. He picks up a brick and throws it at Janice’s head. The brick misses Janice, but hits Donnie who has just emerged from a nearby shop. Donnie is killed by the impact of the brick.
Explain whether David is likely to be held civilly and/or criminally liable for the damage to the telephone box and whether he is likely to be held criminally liable for the death of Donnie. The mens rea for criminal damage is recklessness and the mens rea for murder is intention.
Explain the principles of penal theory and evaluate their strengths and weaknesses.
Reflect on your preparation for this TMA and identify one example of what you did well and one example of what you need to improve upon in preparation for the EMA. Explain what steps you will take to ensure that the area for improvement is achieved in your EMA and explain how you will prioritise these steps.