Criminal Law: Case Study

Criminal Law: Case Study

Background of the Case of Dennis and Barry

Barry, 39, and Dennis, 47, have been partners for last 14 years and have been living together for last 11 years. The relationship has been volatile, with many brief separations and reconciliations. Dennis a is loving and committed partner, but has a violent temper when he is under stress, when he drinks and when he thinks that he has been provoked. He has many times (wrongly) accused Barry of infidelity. He is highly critical of Barry in the way he dresses, and the standard of tidiness of his house. On at least 20 occasions, Dennis has slapped or punched Barry. Barry loves Dennis, but has explained to Dennis numerous times that he does not love his behaviour and he needs it to stop. After each incidence of physical violence, Dennis has apologised profusely. He also promises to seek counselling, but he has never sought a referral to a psychologist and Barry doubts whether he has ever confided in his friends and family that their relationship has its problems.

Barry has seen a counsellor for six years. His counsellor has, in that time, Treated Barry for anxiety and depression and has explained that Dennis's behaviour is unlikely to change, and that he should organise his affairs in contemplation of a life away from Dennis. Barry has also shared his experiences with two of his closest friends, whom he has sworn to secrecy. One of Barry's difficulties, he feels, is that although he and Dennis both earn a good wage in their respective jobs, much of their money is held in family home, which they built together and decorated in their shared taste, and Barry feels it is too much for him to think of a life away from the security of his home.

One evening Barry returned home from work and found Dennis in a rage. Dennis had apparently had a couple of drinks, and was critical of Barry that the breakfast dishes had not been done and the house was untidy. Barry tried, as calmly as he could, to tell Dennis that he did not wish to be spoken like that, and the house and kitchen were perfectly tidy when he left the house in that morning. Without warning, Dennis punched Barry hard twice in the nose. The punches left Barry feeling as if his nose was broken. He felt faint, in excruciating pain, and sat down for a second to clear his thoughts. Dennis stood over him and pointed the finger towards his face he said “I know you are thinking of leaving me, and if you take one step out of that door, no one will ever hear from you again. Do you understand?” Shocked Barry nodded. Dennis said, “I am going to clear my head “. He took his coat and car keys and left the house.

Question 1: Advice Dennis for his criminal liability for his behaviour?

Under the international law and, court violence can be defined as ...