THE UNIVERSITY OF THE WEST INDIES EXAMINATIONS OF APRIL/MAY 2019 CODE AND NAME OF COURSE: LAW1120 CRIMINAL LAW IL DATE AND TIME: DURATION: 2 Hours INSTRUCTIONS TO CANDIDATES: This paper has pages 3 and 4 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 2 QUESTIONS Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise. 1, Nathan lives in Uptown, a very affluent community in Bartrinjam, a Commonwealth Caribbean country. Nathan has lived in this community for his entire life and when he turned 11 years old, he moved into the 3,000 square foot pool house on his family's property, where he has been living on his own. Nathan’s parents allowed him to begin drinking alcohol at a young age and would allow him to drive himself to school at just 13 years old. When the principal at Nathan's school told Nathan's father that a 13-year-old should not be driving, Nathan's father threatened to buy the school and close it down. Additionally, Nathan's parents paid someone to take Nathan’s common entrance and CSEC exams in his place. For his entire life, Nathan received whatever he asked for and was constantly rewarded with gifts. For Nathan's birthday, his parents buy him a sports car. Shortly after receiving the car, Nathan drives too fast, loses control of the car and crashes into a parked taxi. Nathan narrowly survives the crash but becomes anxious, withdrawn and unable to sleep. To make him feel better, Nathan’s parents buy him a brand new BMW X6. Three days after the crash, Nathan sees a psychiatrist who diagnoses him with Post Traumatic Stress Disorder. While driving home from the psychiatrist's office, a taxi cuts Nathan off and accidentally grazes Nathan's new BMW, Irate, Nathan trails the taxi for several blocks. Twenty minutes later, the taxi eventually pulls into the taxi depot but the driver remains in the car. Nathan immediately leaps out of his car and fires hisgun at Carleen, not the same taxi driver he was following but the first taxi driver he sees. As he fires the gun Nathan screams at Carleen, “No taxi driver can bad drive me! My trust fund makes me more in one day than you make in a year!!” Carleen dies and Nathan is charged with murder. You are a junior attorney on Nathan's legal defence team. Write a legal memorandum advising your supervisor of the defences available to Nathan. [35 Marks] . In 2019 the most popular song of the carnival season is a song called “Pick Up Something”. The song explicitly instructs listeners to pick up anything they can find and run. Local newspapers have described the song as a phenomenon and report instances of men attempting to pick up women and run while carrying them whenever the song is played. Zoey and her friends go to a fete during the carnival season, When the song “Pick Up Something” plays, Carlos, a stranger to Zoey, picks Zoey up and runs with her. Frightened, Zoey admonishes Carlos, tells him he’s committing a crime and reports him to security. Over the course of the night, Zoey consumes vodka, tequila, rum, scotch and beer, Zoey becomes very drunk, begins singing loudly and dances much more vulgar than she would normally. Alex, Zoey's ex-boyfriend is alarmed by Zoey's behaviour and offers to give her a ride to go get food and take her home. While she initially refuses, Alex successfully coaxes Zoey out of the fete and into his car. In the car, Alex strokes Zocy’s vagina. Zoey says nothing, but she moans. Alex decides to take Zoey to his house rather than her own. Zoey is still very drunk and is not sure where she is. Alex takes Zoey into his room and pulls her t0 the bed and begins kissing her. Alex lifts her dress, pulls down her underwear and performs cunnilingus. Zoey moans, “ahbh...no, don’t..;stop...ahhhh...” Alex says, “Baby you don’t know how much I’ve missed you...” ‘The next morning after Zoey realises what transpired the night before, she begins to cry. Alex drives Zocy home and attempts to rekindle their relationship. Zoey tells Alex that she never wants to sce him again. However, Alex persists in emailing Zoey to invite her to dinner on many occasions. Alex proceeds to call Zoey at least four times every night. Sometimes during these calls Alex says nothing, other times he is abusive. Soon Zoey notices Alex taking photographs of her at the supermarket and various other places. Zoey confronts Alex telling him that he has already ruined her life and she will never forgive him, but Alex replies that he loves her and will not rest until she agrees to become his. A psychiatrist diagnoses Zoey as suffering from a severe depressive illness Devastated that he may never have a relationship with Zoey after all, Alex goes to his family farm and penetrates the anus of a goat with his penis. ‘Making reference to Caribbean statutes and case law, write a legal memorandum, discussing the criminal responsibility of Carlos and Alex. [35 Marks]3. Luciano is a first year law student who lives with his cousin, Gamett, and Garnett’s mother, in a home that has been burgled multiple times in the past month, Luciano applies for a firearm license so that he can protect himself and his family. While Luciano is studying for his final exam, Garnett brings home a gun and tells Luciano that they must learn how to fire it. Luciano examines the gun and is practicing how to hold it when the gun accidentally misfires. The bullet hits a propane gas cylinder setting the house on fire. Luciano and Garnett manage to escape the house safely only to discover that Luciano’s aunt is still trapped inside. Garnett rushes back into the house to save his mother but itis too late and both Garnett and his mother perish in the fire. Luciano later tells the police that he never intended to harm anyone, he was just tired of all the burglaries. The Director of Public Prosecutions concedes that Luciano should not be charged with murder but says that she must charge him for the death of Garnett and his mother. ‘You are junior Crown Counsel in the office of the Director of Public Prosecutions. Advise the Director of Public Prosecutions as to Luciano’s criminal liability for the death of Garnett and Garnett’s mother. [35 Marks} 4, In his study group Andre says, “I don’t know why there needs to be all of these fancy legal fictions, the idea of stealing is simple — you don’t take what doesn’t belong to you. We all know we must not steal and we are usually shrewd enough to know when we have stolen, Making larceny such a highly technical crime makes it wholly out of touch with what ordinary people would understand. Just look at the definition of burglary under the larceny act, it’s ridiculous.” Diane, a member of the study group responds by saying, “Actually, it’s not that simple. Larceny is technical because we don’t want to be overinclusive. The law rightly makes important distinctions that are essential to dispensing justice.” Analyse the doctrines of larceny, burglary and theft, making reference to Caribbean statutes and case law, and explain whether you agree with Andre or Diane. [35 Marks]