Criminal Law 2009 Exam Paper

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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON

265 0010 ZA
269 0010 ZA
277 0101 ZA

DIPLOMA IN LAW
LLB EXAMINATION
for External Students
INTERMEDIATE EXAMINATION (Scheme A)
FIRST AND SECOND YEAR EXAMINATIONS (Scheme B)
GRADUATE ENTRY LEVEL I (Route A)
GRADUATE ENTRY FIRST YEAR (Route B)

BSc DEGREES
for External Students
MANAGEMENT WITH LAW, LAW WITH MANAGEMENT, ACCOUNTING
WITH LAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE
EXTERNAL PROGRAMME

Criminal Law
Wednesday 13 May 2009 : 10.00 - 1.15 pm

Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions.

Candidates should answer FOUR of the following EIGHT questions. Candidates should answer all parts of a question unless otherwise stated.

© University of London 2009
UL09/806
Page 1 of 4

1.

Under what circumstances may a person be criminally liable for a failure to act?

2.

(a)

Could the reasoning in the cases of Roberts (1971) and Williams and Davis (1992) be said to conflict with that in the case of Blaue (1975)?

(b)

Anna stabbed Iqbal. Iqbal was seriously injured. He was taken to hospital and placed on a life-support machine. One night, an intensivecare nurse, Norah, who hated money being wasted on expensive lifesupport machinery and without being authorised to do so, switched off the life support machine. Iqbal died.

Consider Anna’s and Norah's possible criminal liability for murder.

3.

Fred and Marcus had fought because Marcus was angry with Fred for having carved the letter ‘F’ on to Livia’s arm using a penknife. Livia is Marcus’s 14year-old daughter, who begged Fred to do this as she was in love with him. Fred had reluctantly agreed. The wound was not serious, although it did require one stitch. Fred and Marcus decided to settle their differences by having a fight. Fred punched Marcus, knocking him over and causing him to fracture his skull. Fred ran away when the police were called. As Fred was making his way home, a beggar, Beryl, who was carrying a baby in her arms, approached him and asked him for money to feed the baby. This incensed Fred who hated beggars. He sprayed after-shave cologne in Beryl’s face causing her to drop the baby which bruised it slightly. The police then caught up with Fred. PC Bill tried to arrest him. Fred pushed PC Bill out of the way in an attempt to get away, causing PC Bill to stagger. In an effort to save himself from falling, PC Bill put his arm out and pushed it through a shop window, sustaining severe cuts to his arm.

Discuss the possible criminal liability of Fred.

UL09/806
Page 2 of 4

4.

Egor, who had a history of depression and schizophrenia, and his wife Irina were eating in a restaurant. Egor was taking medication for his condition and was therefore not drinking alcohol. He was trying to reassure Irina who had received threatening letters from her ex-husband Alexey. All of a sudden, Alexey, who was very drunk, burst into the restaurant and stormed over to Egor and Irina’s table shouting: ‘You stole my wife! You must die!’ Egor was alarmed. He picked up the heavy water jug from the table and threw it at Alexey. It hit Alexey on the head and he fell to the floor, unconscious. The sight of Alexey lying on the floor enraged Egor as he remembered the letters Alexey had sent to Irina. He was also worried that Alexey might wake up and kill him. He repeatedly kicked Alexey who died of a fractured skull before an ambulance could be called.

Discuss Egor’s criminal liability.

5.

“Self-induced intoxication is never accepted by the courts as an excuse for committing an offence.”
Discuss.

6.

On her way out from her workplace, Jenny found £50 which she used to buy a pair of shoes to go with the gown she had bought for her firm’s centenary ball. She later overheard someone in her office...
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