Question 01

Cat had been married to Gyn for 20 years. Gyn was an abusive, controlling man who was often
very rude to Cat and this had lowered her self-esteem and made her depressed. One evening Cat
cooked a dinner and placed a small amount of rat poison in Gyn's dinner. He was violently sick
afterwards.

The following evening, Gyn and Cat had an argument and Gyn told Cat she was a stupid, ugly
lunatic and a lousy cook. Cat placed a slightly larger amount of rat poison in his dinner. This
time Gyn collapsed in agony. Cat called an ambulance which took Gyn to hospital. At the
hospital, Dr Pitt, a newly qualified doctor who had been on duty for 48 hours, did not order
blood tests and instead carried out an ECG, assuming Gyn was having a heart attack. Gyn
became angry and impatient waiting for the results, and discharged himself. He collapsed outside
the hospital and died.

Discuss Cat's criminal liability, if any, for Gyn's death.

Question 02
Marion has just lost her job and is unhappy. Although she has no money, she goes to a local
luxury hotel where there is a gym, swimming pool and spa for the use of paying guests. She
dresses in her best suit and carries a briefcase to make it look as if she is attending a conference
at the hotel. She walks through reception and no one challenges her.
She heads for the gym first. As she is warming up, a private trainer asks if she would like some
help, as free instruction is available to residents of the hotel. She says ‘Yes please’ and he begins
to offer her training advice. With the trainer’s advice she starts lifting some weights but very
quickly decides she has had enough.
She leaves the gym and heads for a rest in the hotel residents’ lounge. She starts reading an
expensive magazine that she decides she will take home with her to finish reading later. A waiter
comes over and she orders a large gin and tonic which she asks him to charge to room 211. She
later orders a second and then a third and a fourth gin and tonic. After drinking her drinks she is
not feeling well and decides to go home. As she leaves the bar she stumbles into a table knocking
over a vase which smashes on the ground. Anxious to leave before anyone notices she walks
through reception, grabs an umbrella from the coat stand because it is raining, and walks out to
hail a taxi, forgetting to take the magazine.
At home she has a lie down and does not wake up for several hours. She cannot remember
anything that happened after ordering her first gin and tonic.
a) What offence(s), if any, has Marrion committed in the matter of entering the hotel?
b) Explain your reasoning in relation to (a) above.
c) If you were the prosecutor, what offence(s), if any, would you charge in relation to getting the
trainer advice?
d) Explain your reasoning in relation to (c) above.
e) If you were defence counsel, what argument would you mount in relation to the charge in (c)
above?
f) If you were the prosecutor, what offence(s), if any, would you charge in relation to the reading
of expensive magazine?
g) If you were the prosecutor, what offence(s), if any, would you charge for ordering gin and
tonic?
h) Explain your reasoning in relation to (g) above.
i) If you were the prosecutor, what offence(s), if any, would you charge in relation smashing the
vase?
j) Give reasons for your answer in (i).
k) If you were the prosecutor, what offence(s), if any, would you charge for taking umbrella
from the hotel?
l) Give reasons for your answer in (k).
m) If you were defence counsel, what argument would you mount in relation to the charge in (k)
above?