WARNING.

The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

LA1010 July ZA

Criminal law

Monday 3 August 2020

You will have TWO HOURS AND 45 MINUTES in which to answer the
questions, including 15 minutes reading time. You must answer all parts of a
question unless otherwise stated.

You will have an additional 30 minutes to download the examination paper and
to upload your saved answers to the VLE; this time should be used solely for
these purposes.

You must answer the COMPULSORY questions in PART ONE and ONE from
the SIX questions in PART TWO.

© University of London 2020

WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

PART ONE

You must answer these COMPULSORY questions.

1. Wendy runs a beauty salon. Her first client of the day is Margot who
asks her to inject Botox into her face to get rid of her wrinkles. Wendy
injects her but two days later Margot’s face is lopsided and she cannot
move her facial muscles. Her doctor says the paralysis will ease over a
few weeks.

Wendy’s next client is Barbara who asks Wendy to inject her lips with
chemical filler. Wendy finds that she has no clean needles left and so
she uses the same needle that she used for Margot’s injections. She
does not tell Barbara that she is using an unclean needle. Barbara’s lips
swell enormously and are badly infected.

A few days later, Tom, Barbara’s husband, comes into the salon and
starts shouting at Wendy that she is a “useless, incompetent fool”.
Wendy was burgled a few weeks ago and, traumatised by the burglary,
she fears that Tom is another burglar. She grabs a bottle of hairspray
and sprays it into Tom’s eyes. Tom is temporarily blinded.

(a) If you were a prosecutor, what would be your preferred charge

against Wendy for the injuries to Margot’s face?

(b) Give reasons for your choice in (a) including an explanation as to

why you chose as you did rather than choosing a different charge.

(c) If you were Wendy’s defence counsel, what arguments would you
raise in response to the charge in (a)?

(d) How would the prosecutor respond to counter the arguments in

(c)?

(e) If you were a prosecutor, what would be your preferred charge

against Wendy in respect of Barbara’s infected lips?

(f) Give reasons for your choice in (e) including an explanation as to

why you chose as you did rather than a different charge.

(g) If you were Wendy’s defence counsel, what arguments would you
raise in response to the charge in (e)?

(h) How would the prosecutor respond to counter the arguments in

(g)?

(i) If you were a prosecutor, what would be your preferred charge

against Wendy for Tom’s injuries?

(j) Give reasons for your choice in (i) including an explanation as to

why you chose as you did rather than choosing a different charge.
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

(k) If you were Wendy’s defence counsel, what arguments would you
raise in response to the charge in (i)?

(l) How would the prosecutor respond to counter the arguments in

(k)?

PART TWO

You must answer ONE question in this section.

2. (a) Terry and June have split up, having been in a relationship
for eight years. June is very upset and wishes to play a prank on
Terry because she is angry with him. She arranges to meet Terry
for a coffee. While Terry is not looking she squirts some contact
lens solution in his coffee, as she has heard that this can have a
laxative effect. Unbeknown to June, the solution contains a
chemical called philaxiphine to which Terry has an allergy. He is
found dead in his bathroom that night, his heart having failed
because of the allergic reaction to the chemical.

Consider whether June might be charged with manslaughter in

relation to Terry’s death.

(b) George and Mildred have been living together for five years. One
day as they are walking by a river on a very windy day, they were
arguing about George’s suspicion that Mildred was seeing
another man. George suffered from a borderline personality
disorder that made him paranoid and intensely possessive. A
sudden, very powerful gust of wind caused Mildred to stumble
and lose her balance. She tripped and fell into the river. As she
was being swept away by the current, George shouted, “that’s
your just deserts for being an unfaithful, heartless bitch” and
walked off. Mildred was found, drowned, later that day.

Consider whether George might be charged with a homicide

offence in relation to Mildred’s death.

3. Consider the case for a major overhaul of the defence of intoxication.

4. Describe and critically assess the law on attempted offences.

5. Critically assess the extent to which the law on complicity needs reform.
What suggestions do you have for any necessary reforms?
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

6. Freddy is visiting the Gromore Garden Centre to get some plants for his
garden. Having selected some plants he realises he needs a trolley.
Rather than go back to the store entrance, he removes some plants from
another customer’s trolley and uses it to carry his own plants.

While wandering around the store he spots a special offer where if you
buy a lawnmower you get a free watering can. As Freddy needs a new
watering can he puts a lawnmower on his trolley. Two days later, after
purchasing the lawn mower, he returns the lawnmower (which he does
not need) and asks for a refund. He is given a refund but he does not
return the watering can.

He goes to look at some plant pots. He likes a large terracotta planter

but it is very expensive. He chips the rim of the planter with his car keys
and at the checkout points out to the cashier that the pot is damaged
and asks for a discount. He is allowed to buy the pot with a 40%
discount.

At the checkout the cashier asks Freddy how many plants he has on his
trolley. He has 10 but he tells the cashier he has eight. After making all
his purchases he loads them into his car in the car park. He is too lazy
to take the trolley back to the store entrance so he pushes it away from
his car. The trolley rolls to the edge of the car park and falls into a ditch.

Consider Freddy’s liability, if any, arising from these facts.

7. Consider whether Hugo, Malcolm and Megan have consented to sexual

acts in each of the following THREE scenarios:

(a) Gerald posts a message on a social media site advertising for

men aged between 18 and 25 to take part in some medical
research on pain. Hugo volunteers and Gerald asks him to film
himself attaching live electrical wires to his genitals and give his
resulting pain a score out of ten. Hugo does this but is horrified
to learn later that there is no research and that Gerald has no
medical qualifications, but he sexually enjoys watching people
suffering pain.

(b) Doreen and Malcolm are enjoying a romantic dinner. Doreen has
roasted some meat which she liberally seasons with herbal
cannabis. Malcolm eats his dinner and then begins to feel sleepy
and relaxed. Doreen asks him to stay the night and she performs
oral sex on him.

(c) Megan and Charlie have been in a sexual relationship for three
months. One day, Megan, who is a devout Christian, finds some
leaflets in Charlie’s cupboard encouraging atheism. Megan
confronts Charlie who admits that he has been a lifelong atheist
but did not tell Megan because he knew how much her religion
meant to her. Megan is disgusted with Charlie.

END OF PAPER