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LL.B (HONS).

CRIMINAL LAW: 4100 LAWPL –Deferral/Referral Assessment

10 AUGUST 2018

INSTRUCTIONS TO CANDIDATES

Please answer TWO questions only. There are six questions on the assessment paper.

Word Limit

The word limit for each question is 2000 words

Submission Procedure

You must submit your answer electronically through Canvas. Please ensure that your student ID number is on the front and each page of your answer, by Friday 10 August.

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1. “Recklessness has been a battleground upon which opposing conceptions of criminal fault have been waged”

(Wilson Criminal Law (6th Ed 2017, Longman) page 141)

In light of this statement, explain how the courts have developed and applied the meaning of recklessness in English criminal law

2. “Our task has been to decide what the law means now by the words ‘disease of the mind’. In our judgment the fundamental concept is of a malfunctioning of the mind caused by disease.”

(Lawton LJ in R v Quick [1973] 3 WLR 26)

In light of this statement, explain and evaluate the common law defences of insanity and automatism.

3. “An omission to act (ie failure to do something) is a less common basis of criminal liability than a positive act.”

(Card et al Criminal Law (22nd Ed 2016, Oxford) page 42)

In light of this statement, discuss how and, in what circumstances the criminal law imposes liability for omissions?

4. Kieran is a young, unemployed actor. He has been suffering from post-traumatic stress disorder (PTSD) recently, after he was mugged a few months ago walking home at night alone. He has also been suffering from very low self-esteem, after being unsuccessful in a number of acting auditions. He sees an advert for a part in the popular soap Hollypines and decides to go to the audition with his flatmate Liam, who is also looking for an acting job. Liam is keen to get the job, but fears that Kieran, who is better looking, might get it instead. Liam gives Kieran the wrong lines to learn, so that he will fail in the audition.

Kieran’s audition goes very badly and the following day Liam is offered the job. Liam boasts that it is because ‘I am the better actor’ and that he is going to be famous. Liam also claims that Kieran’s girlfriend, Amina, will leave Kieran for him. Kieran is really shocked and upset and decides to check Facebook for evidence. He sees several photos of Amina kissing Liam as well as a post from Liam that says: ‘Ha, ha, I sabotaged Kieran’s Hollypines audition and now I have got the job!’ Later that evening, after having a number of alcoholic drinks, Kieran goes into the kitchen where Liam is cooking dinner and stabs him in the back with a kitchen knife.

An ambulance is called and Liam is rushed to hospital. Liam needs a blood transfusion, as he has lost a lot of blood, but refuses as he has a severe fear of needles. He dies later that night from the blood loss.

Advise Kieran of his possible criminal liability for homicide.

5. Simon and Charles have been invited to a birthday party organised by Susan. On the way they decide to visit several pubs in town and drink a few pints of strong lager. Simon notices Gerald. As he walks passed, Simon deliberately puts out his foot causing Gerald to trip and fall suffering bruising and cuts.

At the party Simon and Charles continue to drink large quantities of alcohol. Charles then sees his ex-girlfriend Lisa and decides to irritate her by dancing closely and pulling her towards him. Lisa stamps on his foot telling him to “get lost” and that she has a new boyfriend (Dave). Charles angrily slaps Lisa across her face, causing a swollen lip and tenderness.

At this point Dave walks into the room and, believing Charles will continue attacking Lisa, immediately runs at Charles punching him several times in the face and body. Charles falls to the ground and Dave kicks him in the stomach. Later at hospital it is revealed that Charles has several broken ribs, cuts and bruising. Simon runs over but is grabbed by Tony who tells him not to get involved. Simon angrily grabs a bottle, smashes it and then viciously stabs Tony in the face who suffers serious injury, including the loss of an eye requiring corrective facial surgery.

Advise all parties of their potential criminal liability and possible defences.

6. Answer both parts A and B and advise the parties of their potential criminal liability for involuntary manslaughter.

a. Joe and Paul decide to break into a local engineering company to steal tools and equipment. During the break-in they are confronted by the security officer Alan who is 54 years old. Both men threaten to hurt Alan if he tries to prevent them leaving. Alan in a frightened state, shouts “my heart pacemaker”, before suddenly collapsing and later dies due to his heart condition. Joe and Paul run out of the building and get into a passing car driven by Camilla. Camilla jumps out of the car to escape but is killed by another vehicle. Joe drives away at speed but loses control, crashing into a wall. Joe panics and runs away leaving Paul remaining seriously injured in the car. Paul later dies of his injuries.

b. Carlo and Yasmin run a restaurant business serving speciality seafood. Unfortunately the business is suffering financial difficulties and they can no longer afford to pay the chef or buy fresh quality food. The Bainbridge family have booked a table at the restaurant to celebrate a family birthday.

Yasmin undertakes to cook the meal herself rather than lose business. Three days later Yasmin is contacted by the police who inform her that a member of the Bainbridge family has died from bacterial infection as a result of food poisoning. Yasmin and Carlo drive home from the restaurant but a furious row ensues and Yasmin suddenly grabs the steering wheel whilst the car is travelling at 50 miles an hour, causing it to spin out of control, hitting a lamppost and fatally wounding her husband.

END OF PAPER

Criminal Law LLB(Hons) August Assessment 2018 Page 1