University of London LA1010 October: Blackstone's Statutes On Criminal Law (OUP)

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON LA1010 October
DIPLOMA IN LAW/CertHE COMMON LAW

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW
Criminal law
Monday 16 October 2017: 10.00 – 13.15
Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions. Candidates must answer all parts of a question unless
otherwise stated.
PART TWO of the examination consists of both problem and essay questions
and is worth 75% of the marks. Candidates must answer THREE from the SIX
questions in PART TWO.
Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Blackstone’s Statutes on Criminal Law (OUP).
© University of London 2017
UL17/0970
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PART TWO
1. Explain and discuss the approach of the criminal law to the following
cases with reference to the question as to whether A is under a duty to
rescue.
(a) A is a swimming pool attendant. He sees V, a swimmer,

struggling out of her depth in the pool.
(b) A is the mother of V. She sees V struggling out of her depth in

the pool.
(c) A is the mother of T, aged 10, who has invited V his friend, also
aged 10, to go swimming with him at the local pool. A sees V
struggling out of his depth in the pool.
(d) A and V are an unmarried couple who live together. A sees V

struggling out of his depth in the pool.
(e) A, who is supervising her child at a swimming pool, drops an ice

cream accidentally at the poolside. V, a child, slips on the ice
cream and falls into the pool. A sees V struggling out of her depth
in the pool.
2. In English law what is meant by:
(a) intention;
(b) recklessness.
What do these two states of mind have in common, what differentiates

them, and why has there been uncertainty surrounding their definition?
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3. Jaz is a member of an ethnic and religious grouping who insist that
members must only contract marriage and other emotional
attachments with members of that same grouping. He discovers that his
young daughter, Rita, is having an affair with Sonny, who is not a
member of their grouping. Jaz asks his son Ajay to help him beat Sonny
up. When Ajay refuses Jaz threatens to kill Ajay. Ajay agrees reluctantly
hoping Jaz will change his mind. They go round to Sonny’s house and
find Rita in bed with Sonny. In a fury Ajay hits both of them several times
with an iron bar he has been carrying. Rita is killed but Sonny
manages to escape. He presents himself at hospital almost
unconscious. The nurse on duty, thinking Sonny is drunk, calls for
help to remove Sonny from the premises. He is left on a bench
outside the hospital. An hour later Sonny dies. If he had been treated
immediately he would have survived.
Discuss the possible criminal liability of Jaz and Ajay.
4. ‘No act is punishable if it is done involuntarily and an involuntary act in

this context – some people prefer to speak of it as automatism – means
an act which is done by the muscles without any control by the mind
such as a spasm, a reflex or a convulsion; or an act done by a person
who is not conscious of what he is doing, such as an act done whilst
suffering from concussion, or whilst sleepwalking.’ (Lord Denning).
Explain and discuss this statement
5. Critically evaluate the issue of consent as it affects the criminal law in

TWO of the following areas:
(a) non-fatal offences against the person;
(b) rape;
(c) theft.
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6. One evening at the post-cricket match party at Rahul’s house Sachin
sees his (Sachin’s) girlfriend, Maya, kissing Sachin’s best friend,
Virat. Sachin picks up his cricket bat, waves it in the air and shouts at
both of them ‘I’m going to kill you two.’ He aims the bat at Virat and Virat
ducks out of the way, causing him to hit his head on the cupboard door,
which causes it to bleed.
Virat is so angry that he pushes Sachin hard, which causes him to fall
backwards over a stool onto the floor. He is knocked unconscious for a
few seconds. When Sachin recovers consciousness both, Virat and
Maya have disappeared.
Sachin finds them in bed asleep. Sachin takes a pair of scissors and
cuts off Virat’s beard. He then scratches the words ‘Virat is having an
affair with Sachin’s girlfriend’ on Virat’s favourite cricket bat.
Discuss the possible criminal liability of Sachin and Virat.
END OF PAPER
UL17/0970
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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA1010 October

DIPLOMA IN LAW/CertHE COMMON LAW

Monday 16 October 2017: 10.00 – 13.15

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

© University of London 2017

(a) A is a swimming pool attendant. He sees V, a swimmer,

(b) A is the mother of V. She sees V struggling out of her depth in

(d) A and V are an unmarried couple who live together. A sees V

(e) A, who is supervising her child at a swimming pool, drops an ice

2. In English law what is meant by:

What do these two states of mind have in common, what differentiates

Discuss the possible criminal liability of Jaz and Ajay.

4. ‘No act is punishable if it is done involuntarily and an involuntary act in

Explain and discuss this statement

5. Critically evaluate the issue of consent as it affects the criminal law in

(a) non-fatal offences against the person;

Discuss the possible criminal liability of Sachin and Virat.

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