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University of London La1010 ZB

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269 views4 pages

University of London La1010 ZB

Uploaded by

holo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA1010 ZB

DIPLOMA IN LAW
DIPLOMA IN THE COMMON LAW
LLB

ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

Criminal Law

Tuesday 7 May 2013: 10.00 – 13.15

Candidates will have fifteen minutes during which they may read the paper
and make rough notes ONLY in their answer books. They then have the
remaining THREE HOURS in which to answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

© University of London 2013

UL13/0101
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1. ‘The common law doctrine of joint enterprise liability is not fit for
purpose. Despite the best efforts of the judges to clarify the law,
statutory reform is required.’ (Graham Virgo)

Discuss.

2. ‘English Law does not normally impose liability for failure to act despite
the fact that there may be compelling moral justifications for doing so.’

Consider whether the current state of the law governing omissions is


satisfactory.

3. Critically evaluate the law relating to any TWO of the following THREE
defences:

(a) duress;

(b) necessity; and

(c) self defence.

4. Critically evaluate the principles governing causation in the criminal


law.

5. Rav suffers from diabetes. He takes insulin three times per day. On the
rare occasion he has not taken it, the failure resulted in hyperglycaemia
which has caused him to black out. One morning he is attacked and
robbed in the street outside his home. So upset is he that he forgets to
take his insulin for a whole day. During the evening while driving, he
drives his car to a petrol station where he fills up with petrol, and drives
the car away without paying. Back in the car he drives through a red
traffic light without noticing, nearly causing an accident. He is stopped
by a police officer, Amir, who asks him to step outside the car for a
breathalyser test. Rav punches Amir. He then gets back in his car and
drives off at speed, not noticing Jimmi, who is crossing the road. Jimmi
is killed in the resulting crash. Rav is arrested. He can remember
nothing of what has happened.

Discuss Rav’s potential liability.

Would it make any difference to your answer if the reason for Rav’s
mental condition was that he was voluntarily intoxicated?

UL13/0101
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6. Sue left home in 2012, aged 16, fleeing from abusive parents. She is
now living with Bill, aged 25, who has introduced her to drugs and
prostitution. Bill regularly forces Sue to give him her earnings. He is
jealous and possessive and has beaten her on a number of occasions.
Sue, a vulnerable girl, has often harmed herself as a means of coping.
One night, fearing that Bill will beat her up as she has spent her daily
earnings, Sue cuts her wrists. When Bill comes into the bedroom and
sees what she has done, he taunts her saying she has made a pathetic
job of slashing her wrists. Sue goes to the kitchen, gets a carving knife
and returns to the bedroom, where she throws it at Bill. It strikes him in
the eye and penetrates the brain, killing him instantly.

Discuss Sue’s potential liability for the death of Bill together with any
defences she may raise.

7. Sunita and Barbara share a flat. One night Sunita finds Barbara kissing
her boyfriend, Yuri. Sunita picks up a paperweight, raises it in the air
and shouts at Barbara, "I’m going to kill you, you whore!" She then
throws the paperweight at Barbara who ducks to avoid being hit.
Barbara hits her head on a cupboard door, cutting her forehead.

Yuri is so angry that he pushes Sunita who falls backwards over a stool
onto the floor and is knocked unconscious for a few seconds. When
Sunita recovers consciousness, she is still dizzy and stumbles towards
Barbara, knocking her onto the floor. Barbara suffers a fractured arm.

Later that evening, when Sunita is sleeping, Barbara takes a pair of


scissors and cuts off Sunita’s hair.

Discuss the potential criminal liability of Sunita, Yuri and Barbara for
the above incidents.

UL13/0101
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8. Roger, a butcher, is asked by Jane, a customer, if his meat and eggs
are organic. He confirms this to Jane. In fact, he purchases all his
produce from the organic counter of Aster supermarket and sells them
having removed the Aster packaging.

One day, Roger takes his car to a garage for servicing. When he goes
to collect the car, he finds the forecourt unmanned and his car
unlocked, with the keys inside. Annoyed that his car has been so
carelessly exposed to theft, he decides not to pay for the work and
drives his car away. He then goes to a drive-in carwash. He finds that
he has no money and so tries to put a foreign coin in the slot. The coin
does not fit the slot and so he goes to the carwash next door. This time
he is successful with his use of the foreign coin and his car is washed.
He then goes to the cash desk and tells Victor, the cashier, what he
has done and that he will return later to pay. He does not.

Discuss Roger’s potential criminal liability.

END OF PAPER

UL13/0101
Page 4 of 4

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