Mode: THE UNIVERSITY OF THE WEST INDIES Semester! Semestert 271 supplementauSummer Schooi [J select exam Examinations of December [] /Apri/May MI (July O) 2013 select period Originating Campus: Cave Hit, «= Mona u ‘St. Augustine 1) On campus ByDistance Course Code and Title: CRIMINAL LAW II (LAW1120) Date: Tuesday, April 30, 2013 Time: 1: Duration: 10-300 p.m. 2 Hours. Paper No: Materials required Answer booklet: Normal Special DF Notrequired CO Calculator: Programmable [] Non Programmable [1 (whore applicable) Multiple Choice answer sheets: numerical CD. alphabetical 0 120 0 1-100 0 Auxliary/Other material(s) — Please specify: Candidates are permitted to bring the following items to their desks: Pencil or pen, Ruler, ID card, Exam card structions to Candidates: This paper has THREE (3) pages & SIX (6) questions. Candidates are reminded that the examiners shall take into account the proper use of the English Language in determining the mark for each response. Answer THREE (3) Questions. Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise. Garry, a member of the Caribbean Freedom Fighters, a group committed to protecting human rights in the Commonwealth Caribbean, puts a small explosive in a postbox, intending to destroy the postbox and bring visibility to his cause. A postwoman is collecting letters from the box when it explodes. The postwoman is killed by the blast = 112/904(A) (B) Garry is indicted for murder. At trial, Garry argues that he did not intend to kill the postwoman and that he is simply exercising his political rights. Write a legal memorandum discussing Garry’s liability. ‘Answer EITHER (A) OR (B) ‘You are a criminal law lecturer. As part of your evaluation, the Dean of the Faculty of Law observes your class and hears you quote a well-respected criminologist who says: “Jamaica is a high crime society..Most countries that have had similarly high levels of violence have experienced it as political violence, open civil wars and post war instability..Few developing countries experience violence, with such intensity, as daily occurrences...And, very few countries have had such high rates [of violence] for such a long duration.” ‘The Dean later summonses you to his office and tells you that he hired you to teach criminal law, not criminology. Respond to the Dean explaining (the definition of the term “high crime society” and the characteristics associated with such a society; [11.1 Marks} Gi) the relationship between criminal law and criminology; {11.1 Marks] (ii) how a criminological understanding of a jurisdiction like Jamaica might contribute to the way in which the doctrine of voluntary manslaughter is applied in that jurisdiction, (11.1 Marks} OR Consider whether the doctrine of provocation is properly characterised as one that favours men rather than women, SuperGlue, a retired soca artist, comes out of retirement and defeats Marshall, the reigning soca champion, at every major competition of the carnival season. Marshall pretends to befriend SuperGlue and invites SuperGlue to his house. Knowing that SuperGlue is a recovering drug addict, Marshall supplies SuperGlue with a highly addictive controlled drug that Marshall obtains by prescription, Although he tells SuperGlue the drug is very dangerous and highly addictive, Marshall secretly hopes that SuperGlue will overdose on the drug and die so that Marshall can reclaim his status as the reigning soca champion. Unable to resist the temptation, SuperGlue injects himself with the controlled drug and becomes unconscious. Marshall kicks SuperGlue and says, “Good for you old man, your time is done. You should have stayed in retirement.” Marshall then 1012/2013,A) (B) leaves the house to run errands. Funji, SuperGlue’s son-in-law, who comes to the house to visit Marshall, eventually finds SuperGlue. Funji calls for help. SuperGlue dies but would have lived if help were called sooner. ‘You are a law clerk. Write a legal memorandum discussing Marshall’s liability. Renee, a junior associate in a criminal law practice, is told by her doctor that she is HIV positive but carries a low viral load. Devastated by her diagnosis, Renee looks to Lenroy, her ex-boyftiend, for comfort.~ Renee and Lenroy have unprotected sexual intercourse. Renee says nothing of her condition and as a consequence, Lenroy contracts the HIV virus. Renee subsequently visits Christopher, a senior partner in her law practice, who has propositioned her on a number of occasions. On this occasion, Renee does not object and agrees to engage in sexual intercourse with Christopher. No longer in denial of her condition, Renee discloses her HIV status and asks Christopher to wear a condom. Christopher adamantly refuses telling Renee not to worry because her low viral load lowers the risk of transmission. Christopher also tells Renee that she will lose her job if she refuses to sleep with him. Christopher contracts HIV and Renee contracts Human Papilomavirus (HPV) from Christopher who did not know he had any sexually transmitted infections. Write a legal memorandum discussing Renee’s liability with respect to Lenroy and discuss any legal issues associated with the sexual encounter between Christopher and Renee. Answer EITHER (A) OR (B) Critically assess marital rape law in Jamaica and Trinidad and Tobago using Jamaica’s Sexual Offences Act of 2009 and Trinidad and Tobago’s Sexual Offences Act of 1986, OR Answer BOTH (i) AND i) () Critically discuss the concept of sexual grooming (ii) Critically discuss the doctrine of indecent assaultSimon finds a silver chain in the street. It has no marks identifying its owner. For the next few days, Simon looks through the “lost and found” column in the newspaper. Seeing nothing, he decides to keep the chain. ‘Simon later discovers that Peter had lost a silver chain, but nonetheless, he sells the chain to Thomas who buys the chain in good faith. Peter sees Thomas wearing the chain and recognises the chain as the one that he lost. When Thomas refuses to hand the chain over, Peter punches him and rips the chain from his neck. Write a legal memorandum analysing Simon and Peter’s liability ND OF QUESTION PAPER 11201272013