UNIVERSITY OF THE WEST INDIES

LAW 1110- CRIMINAL LAW 1

TUTORIAL PRACTICE EXAM QUESTIONS
TOPIC 2- ACTUS REUS

1. During an argument with his girlfriend, Cindy, Glenroy struck her. Fearing that Glenroy
(who had beaten her up several times before) would strike her again, Cindy ran from the
flat which they shared but tripped and fell down the staircase leading to the street. She
sustained a chest wound from a broken bottle on the staircase but managed to reach the
street where, though bleeding profusely from the wound, she refused offers of assistance.
On reaching the local hospital, Cindy was told that since she had lost so much blood she
would need a blood transfusion. Cindy refused, saying that she did not care what
happened to her.
A doctor prescribed a strong antibiotic but failed to ask Cindy whether she knew she
might be intolerant to it. In fact, Cindy was intolerant to the antibiotic and, as a
consequence of this and loss of blood, she lapsed into a coma. Two days later she died.
Discuss. (July 2007)

2. Ian works for a ferry company where he is in charge of shutting the bow doors prior to
the boat leaving the dock. Bow doors must be shut in order to prevent water entering the
ferry during the voyage. One Sunday afternoon, he falls asleep at his post and fails to shut
the bow doors. When he wakes, he checks his watch and leaves to return home. A short
distance from the dockyard he notices a number of people flailing about in the water
screaming for help. Despite being a trained lifeguard, he knows happy hour in his local
bar finishes soon and ignores the screams. While at the bar, he speaks with a tourist and
recommends that she goes for a swim in the sea. She states that she cant swim, but he
reassures her saying hell keep an eye out and will help should anything happen.

Ians wife telephones to say that there is an emergency and he rushes home. He learns
when he returns home that his companys ferry sank as a result of the bow doors being
left open and passenger drowned. He further learns that the tourist he had been speaking
to has also drowned.
Advise Ian on any criminal liability (December 2011)