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Criminal Law 2008 Zone A Paper

Criminal Law 2008 Zone A Paper

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Published by: శ్రీ లత Sri Lata on Nov 14, 2009
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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON 265 0010 ZA269 0010 ZA277 0101 ZADIPLOMA IN LAWLLB EXAMINATION
for External StudentsINTERMEDIATE EXAMINATION (Scheme A)FIRST AND SECOND YEAR EXAMINATIONS (Scheme B)GRADUATE ENTRY LEVEL I (Route A)GRADUATE ENTRY FIRST YEAR (Route B)
BSc DEGREES
for External StudentsMANAGEMENT WITH LAW, LAW WITH MANAGEMENT, ACCOUNTING WITHLAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE EXTERNALPROGRAMME
Criminal Law
Wednesday 21 May 2008 : 10.00 – 1.15 pmCandidates will have
fifteen minutes
during which they may read the paper and makerough notes ONLY in their answer books. They then have the remaining
THREEHOURS
in which to answer the question.Candidates should answer
FOUR
of the following
EIGHT
questions.Candidates should answer all parts of a question unless otherwise stated.© University of London 2008UL08/880Page 1 of 5
 
 1.
 
"…intention' cannot be satisfactorily defined and does not need a definition sinceeverybody knows what it means." (Glanville Williams)Discuss.2. How does the defence of consent apply in cases involving non-fatal offencesagainst the person? Discuss whether you think the law in this area is satisfactory.(Do not consider sexual offences.)3. Sadie belongs to a criminal organisation which deals in stolen works of art. Sheasked Barney, who she knew had previous convictions for theft and violence, toobtain a valuable statue from a local museum. She offered to pay Barney £5,000on receipt of the statue.Barney, who was trying to stay out of trouble, refused at first but agreed whenSadie pointed out that she knew some very violent people who could probably bepersuaded to do something not very nice to Barney's two little children.Barney entered the museum just before it closed for the night. He hid in thecloakroom until the museum closed whereupon he emerged into the mainexhibition hall. He then disabled the alarm system and took the statue.As he was leaving the exhibition hall, he was confronted by Cedric and Darren,the security guards. Barney immediately hit each of them with the statue. He hitCedric over the head knocking him unconscious and hit Darren several times inthe face. Darren's nose and jaw were broken and Darren fell to the groundunconscious. Barney then made his escape.Consider the possible criminal liability of Sadie and Barney.UL08/880Page 2 of 5
 
 4. As Dipak, aged 19, had, for some time, been spending more than he was earning,his bank cancelled his overdraft facility and asked him to return his credit card tothem.Dipak then applied for a loan from a building society, stating on the applicationform that he was in good financial standing with his own bank. The buildingsociety insisted that their borrowers take out a life insurance policy so Dipak agreed to do so. He filled in the application form falsely stating that he was anon-smoker.He then went to a restaurant and had a meal for which he paid with his credit card,following which he decided to go to a strip club. The club required its clients tobe 21 or over and Dipak assured them be was 21 before paying the entry fee incash. The following day he heard from the building society which had checkedwith his bank and refused him the loan.As he was now in serious financial trouble, he decided that desperate measureswere necessary. He sent an email to a number of people, making it look as thoughit came from a bank. The email requested a number of personal account detailsstating that the reason for the request was to increase banking security. Nobodycomplied with the request.Discuss the possible criminal liability of Dipak.5. (a) When is an assault 'sexual' for the purposes of the Sexual Offences Act2003?(b)
 
While in a pub, Bertie noticed Cathie who was sitting by herself. He wentover to talk to her and offered her a lift home. Cathie accepted readily asshe had had too much to drink to be able to walk home herself. On theway home Bertie parked the car in a lay-by and suggested they go for astroll. When they got out of the car Bertie had to support Cathie as shewas too drunk to stand without support. He interpreted this as amountingto an encouragement to him to make advances towards her. He fondledher breasts and was pleasantly surprised when she put up no resistance sohe went on to have sexual intercourse with her. Cathie's sole reaction wasto submit passively while giggling hysterically. She later said that shewould never have allowed sexual intercourse to take place had she notbeen so drunk.Consider Bertie's possible criminal liability.UL08/880Page 3 of 5

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