... in swerving to avoid Tom, ran into a queue of people at a bus stop and killed Walter. When stopped and questioned, Tom was though to be drunk but he maintained that he had no recollection of anything that had occurred after the original crash involving Sara. (a) Analyse the facts above to show whether and how Tom may be guilty of Sara's murder. How might he seek to reduce his liability for her death? (b) (i) Explain the elements of the different forms of "involuntary" manslaughter (ii) Consider whether Tom is guilty of the manslaughter of Walter, examining any arguments which may be raised in Tom's favour. (c ) Tom's guilt or innocence would be decided by the jury. How satisfactory is trial by jury? (d) How far do the rules of law which you have discussed above indicate the importance attached to the notion of degree of fault as an essential element in criminal liability? SUGGESTED ANSWER : Q. 1 ...

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