PRINCIPLES OF CRIMINAL LAW

LAW-4005B

Timings

This examination paper will be available for 24 hours, from 9:30AM British Summer Time.

It is recommended you spend a maximum of 2 hours completing this examination.

Students who are entitled to Assessment Adjustments: You should apply any extra or rest break time to which you are entitled to up to the maximum 24 hour limit.

Instructions

Answer TWO questions only, ONE from section A and ONE from section B.

Each of the two sections is worth 50% of the total mark.

The TOTAL number of marks available for the paper is 100 MARKS

Answer ONLY the number of questions you are instructed to. Any additional questions answered will not be marked.

Word count

The maximum word count for both of your answers together is 2,500 words.

You are advised to split this roughly equally between the two questions you answer.

The University policy regarding word counts and penalties will apply to this examination. If your answer exceeds the word count + 10% you may be penalised 10 marks on your overall mark for the paper.

A copy of the policy can be viewed here: Submission of Work for Assessment.

Academic Integrity

To maintain academic integrity students are required to:

Not to keep an electronic copy of this paper or share the content with others.

Ensure that all work produced is solely their own. Students are advised that their work will be checked using text matching software to determine any similarity with the work of other students or with other published materials.

The University policy regarding plagiarism and collusion will apply to this examination. A copy of the policy can be viewed here: Plagiarism and Collusion

Submission

The submission point for this examination will close at 9:30AM British Summer Time, 24 hours after being made available. It is recommended that you submit your exam script as soon as completed.

All answers must be submitted as a Word or pdf document.

PART A: ANSWER ONE QUESTION FROM THIS PART

1. “Among the general offences of omission should be [a new offence of] failing to take steps to assist someone in sudden peril.”

(Andrew Ashworth, “The Scope of criminal liability for omissions” (1989) 105 LQR 424-459, 458)

Critically analyse this view.

2. “English law has yet to clarify precisely the circumstances in which a person will be criminally liable for transmitting HIV to another person.”

To what extent do you agree with this statement?

3. “The Supreme Court’s judgment in Ivey will reverberate throughout the criminal law for some time. …[H]owever,…the Supreme Court’s judgment may have less practical impact for the vast majority of cases than might be imagined.”

K. Laird, ‘Case commentary on Ivey v Genting Casinos Ltd [2017] UKSC 67’ [2018] Crim LR 395-399, at 395

Critically analyse the significance of Ivey v Genting Casinos Ltd (2017) for the meaning of dishonesty in English criminal law.

4. Critically analyse the significance of the House of Lords decision in DPP v Newbury [1977] AC 500 for the law on manslaughter, with specific reference to ‘one punch killers’.

PART B: ANSWER ONE QUESTION FROM THIS PART

5. Arthur and Calvin are members of a group that campaigns for the rights of animals. They campaign against research laboratories that conduct research on live animals. In their local pub one Monday evening, they drink heavily and talk about politics and animal welfare, discussing how they can advance their cause. Arthur is frustrated with the peaceful methods advocated by the leaders of their group, which consist of peaceful demonstrations, letter-writing and distributing leaflets. He wants to use direct, violent action.  Arthur tells Calvin to attack a local research laboratory as a test of his commitment to their cause. Arthur says, “Okay mate, you’ve got to prove yourself now; you’ve got to send a little message to those animal-abusing scientists…. It’ll be a nice little reminder that animals have rights too.” Calvin says, “No way, I ain’t into violence. I’m outta here”. He stands up and moves to leave the pub. Arthur says, “If you don’t do what I say, you and your family are gonna get seriously hurt. Know what I mean?”

“You’re bluffing; you’re not that crazy”, says Calvin.

“Oh yeah? You wanna find out?” Arthur opens his jacket and reveals an imitation gun. Calvin thinks it is real.

Arthur continues, “I just want you to damage the laboratory. It’ll be empty now and no one’s going to get hurt.”

Fearing Arthur, Calvin says, “Okay, I’ll do it.”

Arthur gives Calvin a package with a protruding fuse. Arthur drives Calvin to the laboratory. He tells Calvin to light the fuse then throw the package through the laboratory’s window. Calvin does as instructed then runs away.  A fire starts and spreads rapidly through the building.  Desmond, a homeless person, is asleep in a yard behind the building. The fire traps him. Emily, a police officer, enters the building and pulls Desmond outside. Desmond has suffered major burns. A staff shortage means that an ambulance does not arrive for over two hours. The ambulance crew take Desmond to hospital but he dies from his injuries. 

A psychiatric report indicates that Calvin is eighteen years’ old, autistic and suffers from a personality disorder that makes him less able to withstand threats than people without such a personality disorder. A medical report indicates that the delay in Desmond receiving treatment contributed to his death.

Discuss the criminal liability of Calvin, including any defences that he may have.

6. Two 18 year-old women, Frida and Ellie, are homeless and addicted to heroin. One Friday night in December, having each consumed alcohol and injected heroin, they decide to break into a warehouse on an industrial estate to see if they can find some money or any goods that they could sell easily. Ellie enters the warehouse through an unlocked window at the back of the building, while Frida stays outside to act as a ‘lookout’. Inside Ellie finds £100 in cash. She leaves the building. They are cold, tired and hungry. Frida decides to start a fire to keep warm. She puts newspapers inside a bin and sets fire to them. They fall asleep. The fire burns rapidly and the wind carries the flames to a pile of dry wood, which ignites. The fire then spreads to the warehouse. Frida and Ellie wake up and run away. The fire spreads throughout the warehouse. A security guard, Trevor, is trapped inside the warehouse and suffers major burns. Eventually an ambulance crew takes him to hospital. Trevor is severely disfigured, maimed and in constant pain. He becomes deeply depressed and several months later commits suicide, leaving a note in which he says, amongst other things, “I don’t want to live with the chronic pain”. A medical report indicates that Trevor had no history of depression before the fire.

Discuss the criminal liability of Frida and Ellie, including any defences that might be available to them.

END OF PAPER