Jane works full time as a university academic, lecturing in law. Her job is extremely demanding and she and her partner, Frank, have agreed that they want children, but not for several years. Lately, Jane has been feeling particularly exhausted and has been sick on several occasions recently, but she puts this down to her work.
Jane and Frank regularly throw parties for their friends, at which most of the guests drink fairly steadily (though not excessively). Mary, a friend of Jane’s, is a frequent guest at these parties; she is also a police officer. Mary drinks as much as anyone else at these parties.
After one party, Jane tells Mary that she is 4-months’ pregnant. Mary is very angry, having experienced a miscarriage a year before. She reports Jane’s drinking at the last party to her senior police officer. The senior officer tells Mary to charge Jane with the s. 1 offence.
1. If the Crown Prosecution Service decides to proceed with a prosecution of Jane under s. 1, in which court can Jane’s trial be held – the Magistrates Court? The Crown Court? Either?
2. Assume Jane is being prosecuted for this crime in Cardiff Crown Court. Explain the legal elements of the crime which the prosecution has to prove against Jane, indicating which are the external elements (actus reus) and which are the mens rea elements (if any mens rea is needed). Indicate whether this is a ‘conduct’ or ‘result’ or ‘status’ crime.
3. Do you think Jane is likely to be found guilty? (To answer this, you will need to apply the law to the facts of her case – be sure to deal with any defence which, on the facts, you think she might have in answer to the charge).
4. Now assume that Jane has been convicted under s. 1 by the jury. She is outraged and wishes to appeal against her conviction to the Court of Appeal, Criminal Division. Jane believes her human rights are at stake here and wishes to argue her appeal on this basis. As her lawyer, advise Jane as to (a) whether any of her Convention rights are at stake; and (b) if so, what role they may have in the outcome of her case.