THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA1010 ZA

DIPLOMA IN LAW/CertHE COMMON LAW

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW

Criminal law

Friday 5 May 2017: 10.00 – 13.15

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions. Candidates must answer all parts of a question unless
otherwise stated.

PART TWO of the examination consists of both problem and essay questions
and is worth 75% of the marks. Candidates must answer THREE from the SIX
questions in PART TWO.

Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Blackstone’s Statutes on Criminal Law (OUP).

© University of London 2017

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PART TWO

1. Rita is Henry’s 14-year-old sister who is in love with Fred. Rita asks Fred
to carve the letter ‘F’ on to her arm using a penknife. Fred does not want
to do this but reluctantly agrees when Rita tells Fred that she will end the
relationship if he does not. The wound is not serious, although it does
require three stitches. Henry is angry with Fred and they decide to settle
their differences by having a fight. Fred punches Henry, knocking him
over and causing him to fracture his wrist.

As Fred is making his way home, a beggar, Toni, who is carrying a

baby in her arms, approaches him and asks him for money. Fred,
who is still angry after the fight, raises his hand in a threatening way.
In trying to protect herself and the baby, Toni accidentally drops the
baby which bruises it slightly.

The police are called. PC Dibble tries to arrest Fred but Fred pushes
PC Dibble in an attempt to get away, causing PC Dibble to fall to the
ground suffering serious cuts to his arm.

Discuss the possible criminal liability of Fred.

2. (a) John went to stay with his friend Luke. One evening Luke
cooked a special dish of mussels and prawns for John. Later
that evening John began to vomit due to an allergic reaction to
the mussels. Luke put John to bed hoping that a good sleep
would aid his recovery. When Luke tried to wake John the next
morning John was in a coma. Luke did not realise this and so
did not call the ambulance. When, a few hours later, Luke finally
realised that something was seriously wrong with John he called
for an ambulance. John died on the way to hospital.

Consider Luke’s possible criminal liability for gross negligence

manslaughter.

(b) Imran and Ed, who were both in love with the same woman, had
an argument. In the course of the argument Ed pushed Imran
hard. Imran responded by pushing Ed equally hard. Ed fell over,
cutting his arm badly. Imran tried to stop the bleeding with a
handkerchief but was unable to do so because Ed was a
haemophiliac which meant that his blood would not clot. Imran
took Ed to the hospital but got stuck in traffic. By the time he had
arrived at hospital Ed had died of blood loss.

Consider Imran’s possible liability for constructive manslaughter.

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3. To what extent have the statutory definition of consent in section 74 of
the Sexual Offences Act 2007 and the presumptions contained in
sections 75 and 76 eased the burden of prosecution and the vulnerability
of rape victims to intrusive court procedures?

4. EITHER

(a) Compare and contrast duress, self-defence and necessity.

OR

(b) Explain and discuss the partial defences of loss of control and
diminished responsibility.

5. ‘The effect of R v Jogee (2016) on the law of joint enterprise is

more apparent than real.’

Discuss.

6. (a) Explain and discuss the meaning of ‘intention to permanently

deprive’ for the purpose of the law of theft.

(b) Henrik and Sergio are golfing rivals. Sergio has never won a
major championship. Henrik wins them all the time. On the eve
of the Open Championship, Sergio removes Henrik’s putter (a
type of golf club) from Henrik’s bag and hides it. He knows that
Henrik will find it difficult to win using a new putter. He is right.
Henrik is forced to buy a new putter when he discovers his loss
and putts badly throughout the tournament. He comes second
and Sergio wins. Sergio then returns the putter as he had
always intended.

Discuss.

END OF PAPER

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