criminal law
criminal law
David is married to Zipphorah and is having an affair with Getrude. He wants Zipphorah out of the picture so he decides to hire a hit man to kill her. He meets with a hitman called Joseph. David gives Joseph directions to Zipphorah’s work place and tells him that he will pay him £5,000 when the ‘job is done’. He also supplies Joseph with the gun.
Joseph drives to Zipphorah’s work and waits in the car park for her. He sees a figure approaching Zipphorah’s car and thinking that it is Zipphorah he shoots the person in the back. In fact he shot Tonny, David and Zipphorah’s son. He goes over to check if the person he shot is dead and discovers that it is not Zipphorah. However, thinking that Tonny is dead, he places Tonny in the back of the car and drives to a nearby cliff where he throws Tonny into the ravine.
A few hours later Tonny, still alive, is discovered by Tracey who is walking her dog. Tracey is a police officer. She decides to do nothing because she is late for a job interview. A few hours after that Tonny is discovered by Billy who is out walking his dog. Billy calls for an ambulance and Tonny is taken to hospital. He is seen by Dr. Hawthorne who has been on duty for 17 hours. Because of his tiredness Dr. Hawthorne does not read Tonny’s notes, which state that Tonny is allergic to pain killers. Dr. Hawthorne administers a dose of pain killers and Tonny dies as a result.
When David hears that Zipphorah is still alive he decides to kill her himself and drives to their house. He confronts Zipphorah who begins calling him names and ridiculing him. She also taunts him about wanting to leave him for another man. Her taunts enrage David who picks up a kitchen knife and stabs Zipphorah repeatedly until she dies.
Discuss the criminal liability of David, Joseph, Tracey and Dr. Hawthorne. You are advised to support your answer with the relevant legal authorities. It is also advisable that you refer to academic opinion when discussing the liability of the various defendants.
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