THE UNIVERSITY OF THE WEST INDIES . EXAMINATIONS OF. APRIL /MAY _ 2001 19. CODE AND NAME OF COURSE: LA11B CRIMINAL LAW IT DATE AND TIME: Monday 7tk May, 2001 @-00am pypation: 2 HORS INSTRUCTIONS TO CANDIDATES: This pape ‘3 pagesand 6 questions, Answer THREE (3) Questions. ‘Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise. . 1. Lindy was 27 weeks pregnant. She refused to have sexual intercourse with her boyfriend, Edgar, who was the father of her child. in temper and frustration, Edgar forced Lindy to have sex with him. When Lindy resisted and screamed, Edgar placed his hands over Lindy’s mouth. As a consequence, Lindy suffocated and died. Realising what he had done, Edgar called.an ambulance which rushed Lindy's body to @ nearby hospital where an emergency operation was undertaken to ‘save her baby. The baby was bom alive but died four days later because of its premature birth. Discuss. PLEASE TURN OVERPoe 2 Zelta, a Commonwealth Caribbean State, has a Penal Code which contains extensive provisions on what it terms ‘extreme provocation.’ In particular, the ‘Code provides, under section 117, that the burden of proving provocation lies upon the accused; that save in limited circumstances, provocation only arises where force has been used against the accused; and that words may only constitute provocation if accompanying an act of violence. The legislature of Zelta has now amended the Code by enacting a new section 118. Section 118 duplicates section 3 of the Homicide Act 1957 in England. Discuss the possible approaches of the courts of Zelta to the Code provisions on provocation in the light of the enactment of the new section 118. “The concept of ‘battered woman syndrome’ sits more easily with the defence of diminished responsibility than with the defence of provocation.” Discuss. ‘What offences has Bill committed in the following cases? () He stands 6” in front of Wendy and shakes his fist in Wendy's face. (i) He says to Wendy “If you don't stop crying, you won't live another day’, (ii) Meaning to frighten Wendy, he shakes his fist at her from the window of a bus as the bus begins to move off from a bus stop where Wendy is standing. (iv) _ He makes numerous silent telephone calls to Wendy, who suffers severe depression as a result. PLEASE TURN OVER Laws5. Answer BOTH (a) AND (b): (2) Whats (i) the actus reus and (ji) the mens rea of rape? (b) Helen agrees to have sexual intercourse with lan, for whom she works. lan has promised that if she has intercourse with him, he will promote her toa better job. Following intercourse, however, lan tells Helen that he will ot promote her. Discuss. Would your answer be different if lan had threatened to dismiss Helen if she refused to have sexual intercourse with him? 6. Kami was a Jamaican student who hired a taxi on her arrivalin Barbados. She told the taxi driver, Sid, that she wanted to go the University of the West Indies. Sid told her that the University was a long way off in the north of the island. Kami offered Sid $30.00 but Sid told her that that was not enough and proceeded to take a further $25.00 from Kami’s open wallet. Sid knew that the Correct fare was $30.00, the sum originally offered by Kami. Discuss. END OF PAPER