Criminal Exam 2023 (Oct) B

LA1010 October B2
CertHE COMMON LAW

LLB
BSc DEGREES WITH LAW
Criminal law
Monday 23 October 2023
You have FOUR HOURS AND 15 MINUTES in which to write your answers.
You must answer the COMPULSORY questions in PART ONE and THREE
from the SIX questions in PART TWO.
You must answer all parts of a question unless otherwise stated.
© University of London 2023
Page 1 of 5
PART ONE
You must answer these COMPULSORY questions.
1. Soraya and Brenda share an apartment. One night Soraya finds Brenda
kissing her (Soraya’s) boyfriend, Yuvraj. Soraya picks up a paperweight,
raises it in the air and shouts at Brenda, “Leave my boyfriend alone, you
whore!” She then throws the paperweight at Brenda who ducks to avoid
being hit. Brenda hits her head on a cupboard door, cutting her forehead.
Yuvraj is angry with Soraya and, when she is not looking, removes her
asthma inhaler from her room and hides it. He then tells her what he has
done, predicting she will have an asthma attack, which is what
transpires. Soraya is so breathless that Yuvraj calls an ambulance which
takes her to hospital.
On the way to hospital the ambulance is involved in an accident resulting

in Soraya hitting her head and losing consciousness. When she recovers
consciousness, she is sent home to the apartment although she is still
suffering concussion. She finds Yuvraj and Brenda sleeping together.
While Yuvraj and Brenda are sleeping, Soraya pours hair removal liquid
on Brenda’s hair.
The next morning all Brenda’s hair falls out.
(a) What offence(s), if any, could Soraya be charged with in relation to

Brenda’s injury caused when she hits her head on the cupboard
door?
(b) Give reasons for your choice of charge in (a).
(c) What offence(s), if any, could Yuvraj be charged with in relation to

Soraya’s asthma attack?
(d) Give reasons for your choice of charge in (c).
(e) What arguments might Yuvraj raise in answer to the charge in (c)?
(f) How would the prosecution respond to those arguments?
(g) What offence(s), if any, could Soraya be charged with in relation to

Brenda’s hair loss?
(h) Give reasons for your choice of charge in (g).
(i) What defence might Soraya raise in answer to the charge in (g)?
(j) How would the prosecution challenge that defence?
Page 2 of 5
PART TWO
You must answer THREE questions in this part.
2. Consider the liability for criminal damage in ALL of the following

situations:
(a) Alan is a car mechanic working on Bea’s car. The car alarm keeps
sounding when Alan is replacing the brake pads. Irritated by the
noise, Alan disables the car alarm. He forgets to enable the alarm
when he returns it to Bea;
(b) Hawking works in a research laboratory, which is conducting

experiments on live animals. Owning a Labrador dog himself, he is
distressed to discover that Labrador dogs have recently been
introduced to test the toxicity of certain new drugs. He opens all the
dog cages and then leaves the premises. When the caretaker arrives
later, she finds half of the dogs have escaped. Within two days, all of
the escaped dogs have been recaptured except for one which was
killed in a collision with a car; and
(c) James has just been dismissed from his job as a cleaner at Cleanco.
He is angry with the owner, Frank, and decides to teach him a lesson.
Having first assured himself that no-one is on the premises, he
throws a petrol bomb through the window. The resulting fire spreads
to the adjoining house. The occupants escape the blaze without
injury.
3. Marten and Sonya are nurses who work at a hospital. One day a baby
dies under suspicious circumstances in the neonatal unit and Marten
accuses Sonya, who was on duty in the unit at the time, of killing the baby.
The accusation is untrue and Sonya is outraged. She picks up a heavy
bed pan and hurls it at Marten. In an attempt to avoid being struck by the
pan, Marten strikes his head on an open door, suffering a fractured skull.
Sonya shouts, “You deserved that!”, and storms out of the room. When
Marten is found an hour later, a doctor is summoned. The doctor fails to
notice the fractured skull and Marten is taken to recover in the ward. When
Marten regains consciousness he is heavily concussed. He gets out of
bed to visit the lavatory. On the way there he stumbles and falls down the
staircase, due to the concussion. This results in Marten’s death.
Discuss the criminal liability of Sonya.
How, if at all, would your answer differ if Marten’s accusation was true?
Page 3 of 5
4. Discuss whether Bruce, Lesley, Tibor, Donald and Mo could rely on the
consent of the complainant if charged with a sexual offence under the
Sexual Offences Act 2003 in the following situations (you DO NOT need
to discuss any particular offences):
(a) Bruce, on his first date with Alex, visits her at her house. While Alex
is not looking, he pours vodka into the orange juice which she was
drinking. Unused to alcohol, Alex agrees to go into the bedroom and
have sex with Bruce. The next morning Alex accuses Bruce of rape;
(b) Lesley, born female but who identifies as a male, meets Minjee at a
singles party. Minjee, believing Lesley, who is dressed in men’s
clothing, to be male, goes back to Lesley’s house where they have
non-penetrative sex. When Minjee finds out that Lesley is biologically
female she complains to the police;
(c) Jade has been looking for accommodation for six months. All the
rooms she has seen are too expensive for her, and they require a
large deposit, which she does not have. At present she sleeps on
the floor at a friend’s house. Her friend has asked her to leave by the
end of the week. She sees an advertisement for a room in a local
shop. She inspects the room, which is satisfactory. When Tibor, the
owner of the house, tells her how much the rent is she is distressed,
as she cannot afford it. He tells her that she can have it at half price
if she agrees to have sex with him once a week. Feeling she has no
alternative, she agrees. They have sex once a week for six months,
at the end of which time Tibor gives her notice to quit;
(d) Donald and Vera have been seeing each other for several months.
They have not had sexual intercourse because Vera does not believe
in sex before marriage. Donald convinces Vera that he intends to
marry her and proposes that they have sex in celebration. Vera
agrees reluctantly. A day later Donald tells Vera that he is already
married and ends the relationship; and
(e) Mo, who is happily married to Xenia, comes home to find her asleep
and starts having sexual intercourse with her. She wakes up and tells
him to stop.
Page 4 of 5
5. (a) Critically evaluate the current test for dishonesty in theft.
(b) Jane drives her car into a self-service garage, fills up with petrol
and then drives off without paying.
What offences, if any, has Jane committed assuming the

following facts:
(i) she never intended to pay; and
(ii) she decided not to pay, only after she had filled up?
6. Compare and contrast the defences of insanity and automatism.
7. Explain and discuss the law relating to joint enterprise liability.
END OF PAPER
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LA1010 October B2

CertHE COMMON LAW

Monday 23 October 2023

You must answer all parts of a question unless otherwise stated.

© University of London 2023

You must answer these COMPULSORY questions.

On the way to hospital the ambulance is involved in an accident resulting

The next morning all Brenda’s hair falls out.

(a) What offence(s), if any, could Soraya be charged with in relation to

(b) Give reasons for your choice of charge in (a).

(c) What offence(s), if any, could Yuvraj be charged with in relation to

(d) Give reasons for your choice of charge in (c).

(f) How would the prosecution respond to those arguments?

(g) What offence(s), if any, could Soraya be charged with in relation to

(h) Give reasons for your choice of charge in (g).

(j) How would the prosecution challenge that defence?

You must answer THREE questions in this part.

2. Consider the liability for criminal damage in ALL of the following

(b) Hawking works in a research laboratory, which is conducting

Discuss the criminal liability of Sonya.

What offences, if any, has Jane committed assuming the

(i) she never intended to pay; and

6. Compare and contrast the defences of insanity and automatism.

7. Explain and discuss the law relating to joint enterprise liability.

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