THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA1010 October

DIPLOMA IN LAW
DIPLOMA IN THE COMMON LAW
LLB

ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

Criminal Law

Monday 19 October 2015: 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.

Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of one of the following: Blackstone’s Statutes on
Criminal Law (OUP) or Sweet and Maxwell’s Statute Series: Criminal Law or
Butterworth’s Student Statutes: Criminal Law or Core Statutes on Criminal Law
(Palgrave Macmillan).

© University of London 2015

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1. ‘The case law on insanity and non-insane automatism is incoherent, and
produces results that run counter to both common-sense and justice.
Reform is needed.’

Discuss.

2. Simon is aged thirty, but has the mental age of a twelve-year-old. He

has been addicted to solvents for several years, and is well known to
have a very short temper. Over the last four months he has attended a
psychiatric hospital as an out-patient, to receive treatment for a
personality disorder.

On a recent visit to hospital, Simon was spotted by Patrick and

Patrick’s girlfriend Tara. Patrick shouted out ‘Hi, simple Simon’ and
both Patrick and Tara then began to make fun of Simon’s mental
condition. Simon was upset and angry. He ran into the grounds of the
hospital where he found a gardener’s spade. Some time later he saw
Patrick and Tara walking together in the gardens. Simon attacked
Patrick with the spade causing serious injuries. He then chased Tara
who fled in terror. Simon threw the spade at Tara causing her to fall
through the window of a greenhouse. She suffered severe injuries.

Patrick and Tara were rushed to the Emergency Department where

Patrick was given the wrong dosage of a powerful painkilling drug and
he died a short time later. When Tara was told about this she became
distraught. Whilst nobody was in her room, she struggled from her bed
and threw herself out of the window, dying instantly.

Advise Simon of his potential liability for homicide.

3. ‘The Sexual Offences Act 2003 has done little to change the approach
to issues of consent in the constitution of rape.’

Discuss.

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4. Consider any offences which Ken, Rita, and Zach may have committed
in the following three situations together with any defences they may be
able to raise.

(a) Rita sees Sanjiv apparently attacking Leon in the street. She
pushes Victor, who is watching, out of the way in order to help
Leon defend himself against the attack. Victor falls over and
breaks his ankle. Rita then hits Sanjiv over the head with a
brick, fracturing his skull. Unknown to Rita both Victor and Sanjiv
are police officers who were trying to arrest Leon.

(b) Ken, an illegal immigrant, works for Duncan. His job is to water
and care for cannabis plants which Duncan is growing illegally.
Duncan pays him no wages and refuses to allow him to leave
the compound, which is locked at all times, where the plants are
grown. He tells him that if he tries to escape he (Duncan) will
inform the police that Ken is an illegal immigrant and he will be
deported back to his own country. Ken knows that if he is
deported his life will be in danger as the authorities in that
country, which is presently undergoing a civil war, often execute
or imprison returning emigrants. One day Ken, anxious to
escape from his imprisonment, sets light to the compound which
burns to the ground. Ken then makes good his escape.

(c) Jaz, as a joke, puts vodka in Zach’s orange juice. Zach, who is
unused to alcohol, becomes confused and aggressive as a result
of the intoxicant. When Jaz tells Zach what he has done Zach
punches Jaz, breaking Jaz’s tooth.

5. Critically evaluate the present law of criminal attempts.

6. (a) Analyse the significance of the decision of the House of Lords in

G (2003) on the meaning of recklessness in criminal law. Is the
law better or worse as a result?

(b) ‘For the purpose of criminal liability a person intends a

consequence when he acts in order to bring it about or when he
believes that the consequence is virtually certain to occur as a
result of his acting in that way.’

Explain, evaluate and discuss this statement.

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7. Ben and Vincent share a house together. Vincent pays all the bills since
he is the only one with a bank account. Ben gives Vincent £100 cash for
the gas bill. Vincent uses it to buy a pair of shoes, costing £95, from
Shoeshine shoe shop. The assistant mistakenly gives him £10 change
rather than the £5 due. Vincent realises this once he is outside the shop
but keeps the money, reasoning that it compensates him for being
overcharged in the same shop three months previously.

Vincent later goes to a restaurant and orders a meal with wine. Although
he enjoys the meal, when the time comes to pay, he tells June, the
waitress, that the meal was awful and that he does not intend to pay.
June lets him off the bill and Vincent leaves.

Back at the house Vincent tells Ben tearfully that the £100 has been
stolen. Ben takes pity on Vincent and gives him another £100. Later that
afternoon Vincent takes Ben‘s bicycle without Ben’s permission to visit
his mother. Not wanting to admit to Ben what he has done, Vincent
leaves the bicycle in the street outside his mother’s house.

Discuss any criminal offences Vincent may have committed.

8. Mooney plays for Sands United FC, a semi professional football team.
In the course of the first half Mooney, while jumping to head the ball,
elbows Angora, an opposing player who is also jumping to head the ball,
out of the way. The elbow hits Angora in the face causing a cut above
Angora’s eye which necessitates stitches. A few minutes later, Angora
returns to the field after treatment, feeling dazed and confused. When
next Mooney receives the ball Angora performs a late, two-footed tackle
on Mooney, which breaks Mooney’s leg. Johnson, the referee takes out
his red card and orders Angora from the pitch. Angora, incensed,
punches Johnson in the face, causing significant bruising. On the way
home Angora, still dazed and confused, goes through three red traffic
lights without noticing them. The police stop him and charge him with
careless driving.

Discuss the potential criminal liability of Mooney and Angora for the
above incidents together with any defences which may be available to
them.

END OF PAPER

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