The University for business

and the professions

Module Code: LU2029

Module Name: Further Issues in Criminal Law
Credit Value: 15

YOU MUST NOT PUT YOUR NAME ANYWHERE

IN THE BODY OF THE FILE OR TITLE OR YOU
MAY INVALIDATE THIS ASSESSMENT

Assignment Type: Summative Coursework (Moodle)

Word Limit: 2000 (1000 words for each answer).

Instructions: answer TWO questions from four.

Answers MUST NOT exceed the maximum word count, however an

overrun of up to 10% is permissible. For papers exceeding the word count
+10%, markers will stop reading when they reach the permitted limit.
Footnotes and bibliography are excluded from the word count.

Answers MUST be typed and submitted on Moodle BEFORE the

submission box closes at 14:00 hrs (UK time) on the 28th May 2020.

You are strongly advised to read the information in the Undergraduate

Students’ Handbook for information on plagiarism and the Online
Submission of Assignments.

Please note: late submissions will not be marked. Any students who do
not submit before the deadline will automatically be granted an additional
attempt in the resit period.

Internal Examiner: Dr Grietje Baars

External Examiner: Laura Charleton
Answer 2 questions only

1. Answer both parts of the question, focusing only on the offences and defences
covered by the course:

(a) Sam is a homeless man and sleeping rough on the streets. One morning he wakes
up with a cough and decides that it would be wise for him to self-isolate in order not
to infect others. He goes to a local hotel, which is closed for business, and manages
to open a back door, and enters hoping to find a room to sleep in for 14 days, which
he does.

The next day Brian and Sue pass the hotel, notice the open back door and Sue notes,
‘there must be a lot of toilet roll in the hotel that we can grab.’ Brian agrees and while
Brian stands on the look-out outside, Sue enters the hotel and comes back out with
twenty multipacks of toilet roll. However, walking down the road with the loot they have
a sudden change of heart, drop the toilet roll by the side of the road and continue on
their way.

Leanne, on her way to work at the local foodbank, passes the pile of toilet roll on the
street, and picks it up to take to the foodbank.

Advise Sam, Brian, Sue and Leanne.

(b) Bob, a local police officer, has heard of a break-in in the hotel. That afternoon, he
spots Leanne, who is just leaving her shift at the foodbank. He goes up to her and
shouts, ‘where do you think you’re going missus!!’ ‘Give me your name, address and
phone number and empty your pockets for me.’ Leanne freezes but does not say
anything. Bob shouts, “you’re under arrest” and wrestles Leanne to the ground.
Leanne, who does Brazillian Jiu Jitsu, gets out from under him, but, fearing that Bob
will come after her, grabs his pepper spray and sprays him in the face. Bob sustains
irritation to the eyes which lasts 3 days.

Advise Bob and Leanne.

Page 2 of 2
2. Answer both parts of the question, focusing only on the offences and defences
covered by the course:

(a) Bored out of his mind during the lockdown, Philip decides for a joke to call the local
strip club. On the phone to the receptionists, he asks, “do you have any 12 year olds
available for sex?” The receptionist slams down the phone without answering. Later
that day, Philip looks out the window and sees some young children walking down the
street. He shouts, “show us your fanny!!” The children, busy in conversation, don’t
hear him. Next, he decides to go outside and find someone he can have sex with. He
lays out a set of black clothes including a face mask on his bed, sharpens a kitchen
knife which he intends to use to threaten his intended victim, and then decides to have
a nap after setting his alarm for 8pm.

Advise Philip.

(b) Philip’s brother Chris, who lives with him and has been observing his brother’s
behaviour, gets increasingly concerned. Realising Philip is going to go out at nightfall,
and because Chris himself can’t go outside because he belongs to a risk group due
to his asthma, decides he must act now. Chris grabs a bunch of zip ties and ties Philip
to his bed by his arms and legs. Finally Chris puts gaffer tape over Philip’s mouth.
Satisfied that Philip can’t do any harm now, Chris returns to the kitchen to fix dinner.
Some moments later Philip wakes up, and finding himself tied up, has a severe panic
attack, hyperventilates, and the resultant lack of oxygen to the brain leaves Philip in a
persistent vegetative state.

Advise Chris.

3. Critically discuss the nature and impact of racial bias in the UK criminal justice
system, focussing on either (1) the law on participation, (2) policing practice
including stop and search powers or (3) both of these.

4. “Recent case law on consent in sexual offences (e.g. McNally (Justine) [2013] EWCA
Crim 1051) and in non-fatal offences against the person (e.g. R v BM (2018) EWCA
Crim 560) suggest the need to for a comprehensive rethink of how consent is
conceptualised in English criminal law.”

Critically discuss.

Page 2 of 2