Advise Solange about her potential criminal liability and any possible defences.
It might be helpful to think about the following:
1. Solange’s potential criminal liability for the death of Jay under the law of murder (actus reus and mens rea);
2. Whether Solange might be able to use the defence of loss of control (under ss.54- 56 of the Coroners and Justice Act 2009) in relation to the murder charge ONLY;
3. Solange’s potential criminal liability for the death of Bey under the law of unlawful
act manslaughter.
Solange used to work as a fitness trainer at Bootylicious Gym, where she won the Most Hardworking Fitness Trainer award for all the 4 years she worked there. Solange was popular at Bootylicious Gym because she is also highly trained in mixed-martial arts, a combat sport which teaches a number of fighting techniques, like kickboxing and wrestling. However, she lost her job 6 months ago when Bootylicious Gym went out of business. Solange, who values her independence, feels ashamed that she is now out of work and has to rely on unemployment benefits to survive, as well as the gifts and cash handouts she gets from her older sister, Bey.
Bey and Solange have a very close personal relationship. They often visit each other and socialize together, and go clubbing together at least once a week. Bey, is a successful fashion designer, and she and her husband, Jay, work together in the company they own. However, Jay and Solange do not like each other, although they try not to argue openly because of Bey. Jay thinks that Solange is lazy and that she should be out looking for a job instead of going clubbing. Jay also thinks that Solange deliberately arranges the clubbing trips on evenings when Jay is working, so that he is not able to accompany them. Recently, Jay has started to suspect that Solange is trying to break up Jay and Bey’s marriage……
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