ISSUES IN CRIMINAL JUSTICE

| August 8, 2016

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Section A

Answer all parts of this question

 

Allan Mann has fantasised about eating human body parts, including those of his school classmates, from the age of eight. The desire grew stronger after the death of his mother in 2013.

In March 2014 Mann advertised on the internet for a “young well-built man, who wanted to be eaten”. Bernard Brown replied to the advert.

On the evening of 9th April 2014, the two men went up to the bedroom in Mann’s remote farmhouse. Bernard Brown swallowed 20 sleeping tablets and half a bottle of whiskey before Mann cut off Brown’s fingers, with his agreement, and fried them for both of them to eat. Brown, by this stage bleeding heavily, then took a bath, while Mann read a science fiction novel. At this point following a tip-off from Brown’s worried relatives police broke in, rescued Brown and took him for treatment.

 

At interview in the police station Mann told detectives that he had consumed his victim’s fingers with a bottle of South African red wine, had got out his best cutlery and decorated his dinner table with candles. Mann maintained that he had done nothing illegal because in a videotape made by Mann of the entire evening, Bernard Brown makes clear his consent at every stage in the chain of events.

 

NB The original case took place under German law so the outcome of that trial will not assist you to answer this question. You should assume all events took place in the UK and apply English law to the problem.

 

  1. What is Allan Mann’s liability, if any, for the injury to Bernard Brown? (40 Marks)

 

  1. What defences, if any, could Allan Mann raise at trial?

(35 Marks)

 

  1. If Allan Mann was interviewed without a lawyer present would that have any bearing on any evidence pertaining to this incident?

(15 Marks)

 

  1. Under what power can the police break into Allan Mann’s home?

(10 Marks)

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