SECTION C

MODULE 3: CRIMINAL LAW

Answer ALL questions in this section.
CAPE 2001

1. Discuss the following:

a) Mens rea of a criminal attempt [5 marks]

b) Actus reus of the crime of rape [5 marks]

2. Jimmy invites Anna to a party. She reluctantly accepts, claiming that she cannot
dance and that the smoke in the disco usually brings o her asthma attacks.

At the party, Anna complains that she has a headache and asks Jimmy to get her a
drink, which he does. Shortly after having the drink, Anna faints and is taken to the
hospital where she lapses into a coma for three days and then dies. It is discovered
that the drink was laced with cyanide.

Jimmy is arrested and charged with murder.

Advise Jimmy. [10 marks]

3. Discuss the following defenses:

a) Insanity
b) Necessity. [10 marks]
CAPE 2002

7. Mr. Houseman and his wife Judy return home from the theatre at 10:00 p.m. to find their
front door ajar. Upon entering the house they notice that their television and
videocassette recorder missing from the living room. In one corner they see a box stuffed
with electronic equipment and household article. Upon entering their bedroom, a masked
man rushes past them. Mrs. Housman notes that the man is wearing a red designer shirt
similar to one she had brought from the States and given to her neighbour’s son, George.
She also remembers that she had seen George that evening and that he was wearing the
shirt she gave him. The television and videocassette recorder are found in a shed at
George’s house and George is arrested by the police. He insists that he is innocent.
George has been previously convicted to housebreaking and larceny.

(a) Advice Mr. and Mrs. Houseman of George’s liability [15 marks]

(b) Discuss whether George can defend himself successfully on charges of

burglary and larceny [10 marks]

8 Joyla throws a stone in the direction of Maray with whom she has a quarrel. The stone
misses Maray but catches Cyrus who is riding by on his bicycle, hitting him in the left
eye. Cyrus falls to the ground, but gets up and kicks Joyla in her side, when she rushes
towards him to say she didn’t mean to hit him. Cyrus is told by the doctor at the hospital
that he will lose his eye.
Discuss the following:

(a) Joyla’s criminal liability [8 marks]

(b) Cyrus’ criminal liability [8 marks]

(c) Will Cyrus be able to raise successfully the issue of self-defence?

Give reasons for your answer. [9 marks]

1. The intention mens rea and the act actus reus must coincide to constitute a crime.
Discuss with reference to inchoate crimes. [25 marks]
CAPE 2006

2. (a) Explain ONE of the following terms:

EITHER

(i) Larceny by intimidation

OR
(ii) “Appropriates property belonging to another” [2 marks]

(b) Clement agrees with Lydia to mow her lawn for $2,000.00. At the end of the day
Clement demands $4,000.00, saying that the job was more difficult that he
expected. Lydia objects and Clement threatens to poison her dog. Lydia then
throws down $4,000.00 on her garden table. Clement takes up the money, puts it
in his pocket and walks away. Lydia reports the incident to the police who arrest
Clement.

(i) Explain whether a charge of larceny by intimidation against Clement is

likely to succeed. [4 marks]
(ii) Explain whether, in pocketing the additional sum of $2,000.00, Clement
can be found guilty of appropriation. [4 marks]

3. (a) Explain what is meant by the term ‘inchoate offence’. [2 marks]

(b) Explain the actus reus of EITHER ‘incitement’ OR ‘attempt’. [8 marks]

(c) Xavier, a quiet boy is set upon and beaten by a group of schoolmates who accuse him
stealing another boy’s money. The next day Xavier returns to school and, seeing the
same boys at the gate, he pulls a gun from his bag and kills one of them.

(a) Identify ONE defense available to Xavier. Cite ONE decided case that may be
relevant to Xavier’s defense.
[2
marks]

(b) Assess the merits of the defense that you identified as applicable to Xavier’s case.

[8 marks]
CAPE 2007

7. (a) Distinguish between the actus reus and the mens rea of a crime. [4 marks]
(b) Chen and Nick are speeding down a narrow lane when they hit Marie who is
walking on the side of the lane. They stop to place her in the back of the car. They
believe that she is dead and later leave her in a deserted building. Marie dies from
exposure and hunger.

Advise Chen and Nick of their criminal liability. [6 marks]

Total 10 marks

8. Ron and his wife, Avery, quarrel frequently. Ron is a licensed firearm holder and had
threatened to kill Avery more than once. During one quarrel, Ron says to Avery, “If it
weren’t for the children, I’d blow your brains out.” Avery retorts, “It is who strikes first,”
and pulls a gun shooting Ron who dies on the spot.

(a) What defenses, if any, are available to Avery. [4 marks]

(b) Which defense would be most likely to succeed? State brief reasons and
cite relevant cases to support your answer. [6 marks]
Total 10 marks

4. (a) Explain what is meant by the term ‘inchoate offence’. [4 marks]

(b) State the elements of the actus reus of the crime of attempt, referring to ONE
case to illustrate your answer. [6 marks]
Total 10 marks
CAPE 2008 Section C
Module 3: criminal law
Answer all questions in this section
1. Outline EACH of the following defenses, supporting your answer by referring to at least

ONE decided case for each defense:

(A) Duress (5marks)

(B) Necessity (5marks)

Total 10marks
2. (A) Briefly explain the actus reus of a strict liability offence. (4marks)

(B) Jack and Jill, aged 16, go to Mr. Hill’s bar where they each order and are served
alcoholic beverages. Mr. Hill is prosecuted for breaching a section of statute
which provides that “no licensee shall knowingly sell alcoholic beverages to any
minor”. Mr. Hill claims that he believed that Jack and Jill were over 18 as they
“looked mature”. Advice Mr. Hill on whether his defense is likely to succeed.
Refer to at least ONE decided case to support your answer. (6marks)
Total 10marks
3. Tyrick throws a stone Rosanna with whom he has a quarrel. The stone misses Rosanna

but hits Kaie who is walking with her. Identify and explain Tyrick’s criminal liability to

Kaie. Refer to at least ONE decided case to support your answer.

Total 10marks
CAPE 2010 Section C
Module 3: criminal law
Answer ONE question
1. “In strict liability offenses, the requirement for mens rea has increasingly become a

trend in decided cases”. Analyze this statement making reference to decided cases.

Total 25marks
2. (A) What is meant by “insane automatism”? refer to at least ONE decided case in

support of your answer. (10marks)

B) Rory is driving his convertible up to his uncle’s farm, his uncle’s workers have
been cleaning the apiaries and some bees have escaped. A swarm of bees attacks
Rory just as he approaches the house. He loses control of the car, pinning Max who is
standing by a nearby wall, resulting in serious injuries to Max. Max dies a month
later. Explain Rory’s criminal liability. (15marks)
Total 25marks
CAPE 2012 Section C
Module 3: criminal law
Answer one question
1. “The intention and the act must coincide to constitute a crime.”

With reference to decided cases, explain the importance of this principle in

determining criminal liability of an accused person.
Total 25marks
2. Alf shoots Ben, intending to shoot Con with whom he had a quarrel. Ben

requires emergency surgery but upon arrival at the emergency room, he could

not be seen immediately as the hospital staff was involved in a protest. During

the surgery, Ben, who is a haemophiliac, bleeds profusely, suffers a heart

attack and dies.

At his trial for Ben’s murder, Alf’s lawyer emphasizes the following in Alf’s
defense:
(a) Alf did not intend to shoot Ben, but acted in self-defense against Con who

had attacked him. (10marks)

(b) The long wait at the hospital and the fact that Ben was a haemophiliac

were to blame as the required surgery was a routine one.

Discuss whether Alf’s lawyer is likely to succeed with these arguments.

Give reasons for your answer and make reference to decided cases.
(15marks)
Total 25marks
CAPE 2015
1. (a) With reference to at least TWO decided case, explain the law relating to the defence
of non-insane automatism. [10 marks]

(b) Tyrick throws a stone at Rosanna with whom he has a quarrel. The stone misses
Rosanna but hits Kaie who is walking with her.
Identify and explain Tyrick’s criminal liability to Kaie. Refer to at least TWO decided
cases to support your answer. [10 marks]

(c) Distinguish between the actus reus and the mens rea of a crime.
[5 marks]
Total 25 marks
2. (a) With reference to at least TWO decided case, explain the law relating to the defence
of insanity. [10 marks]

(a) Ancil and Paula return home to find Cane and Abel ransacking their apartment. Cane
immediately attempts to stab Paula. Ancil reacts by grabbing a bat and hitting Cane
on his head. Cane slumps on the ground and dies.
With reference to TWO decided case, explain:
(i) The best defence available to Ancil [10
marks]
(ii) Abel’s Criminal liability. [5 marks]
Total 25 marks
CAPE 2016

1. When Mark finds out that his wife, Elisha, is cheating on him, he devises a plan to kill
her and informs his best friend, Ian, of his plan. Mark arrives at Elisha’s office building
and climbs onto a fence in order to get a view of her office window. He aims his gun,
loses his balance and falls, accidentally discharging the gun at the same time. The bullet
misses Elisha but strikes Sandra, killing her and her unborn child.
(a) With reference to TWO decided cases, discuss Mark’s liability for the death of
Sandra and her unborn child. [15 marks]
(b) With reference to ONE decided case, discuss Ian liability, if BOTH he and Mark
had agreed that Mark should kill Elisha. [10 marks]
Total 25 marks

OR

2. Justice Minister Glasgow explains to parliament that the incarceration of offenders has
led to a serious problem of overcrowding of the nation’s prisons. He, therefore, proposes
the need to explore other types of sentencing and other reasonable measures in order to
reduce the overcrowding.
(a) Explain to Minister how retribution and rehabilitation functions as theories of
sentencing. [12 marks]
(b) Discuss any FOUR alternative forms of sentencing or other reasonable
measurement that Minister Glasgow could recommend to parliament.
[13 marks]
Total 25 marks