Problem scenario.
Order Description
Jane is charged with grievous bodily harm. The prosecution case is that she
punched Roger, a stranger to her, while waiting for a bus. She claims in her defence
that Roger had tried to push her into the road and that she “lashed out” to protect
herself. The judge in her summing up tells the jury that the defence had the legal
burden of proving that Jane had acted in self-defence. Jane is convicted.
Critically discuss whether Jane has strong grounds of appeal.
Problem scenario, which should be structured as follows:
(a) A brief digest of the key facts: provide a short introduction
setting out the framework for the discussion, concisely
identifying the main issue(s) in the context of the material
facts. Do not waste words simply repeating the facts given.
(b) Identification of the relevant legal issue(s): explain the
range of possible meanings and interpretations of any
ambiguous provisions or principles and engage with
arguments for and against each meaning, including a
discussion of relevant authorities.
(c) Application: critically evaluate these arguments as they
apply to the facts in question. Similar to judicial reasoning,
your arguments should be based on an analysis of
precedent and an appeal to policy.
(d) Conclusion: provide an opinion or conclusion for each
evidential issue arising from the set of facts given. It may
be appropriate to refer to academic commentary and
policy discussions in supporting your answer.
Your answer should be arranged according to the specific
subject headings outlined above. This will help you avoid
repetitions and will serve as a convenient map whilst planning
your analysis.