Question

Criminal Law

Question 2

Tilda suffers from diabetes for which she is prescribed insulin injections. On the rare occasions she has not taken them, the failure resulted in hyperglycaemia which caused confusion and memory loss. One morning she is attacked and raped in the street outside her home. She is completely petrified and forgets to take her insulin. This brings on hyperglycaemia which leaves her feeling confused and listless. Instead of going back to her house, she enters the house of a neighbour, thinking it is her home. In the house she makes herself a cup of tea and breaks the cup while washing it up. She then leaves the house taking her neighbour's coat which looks like her own. She then drives her car to a petrol station where she fills up with petrol, and, without thinking, drives the car away without paying. She is stopped by a police officer, Dan, who asks her to step outside the car for a breathalyser test. Not understanding what is happening, Tilda punches Dan. She then gets back in her car and drives off at speed, not noticing John, who is crossing the road. John is killed in the resulting crash. Tilda is arrested. She can remember nothing of what has happened.

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Question 7

"The very term 'Necessity' makes plain that the so-called criminal actions are necessary. That necessary behaviour is criminalised is an injustice."

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Expert Solution

The notion that criminal penalties ought to be treated as a crucial section of restorative law for coping with mass assault has acquired ground in current history. Several phenomena have fueled the thesis, the utmost eminent of which being the elevated focus on victims in legal law and the requirement from international legislation. The establishment of international criminal justice with 'battling dispensation' and the case legislation of civil liberties jurisdictions have catalyzed this account. The latter has strengthened the entitlements of victims to transparency, fairness, compensation, and non-repetition, and an absolutist view of the duty to fairness as a privilege to criminal sanctions

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