THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW *

Transcription

1 9 June 2015 Level 3 CRIMINAL LAW Subject Code L3 3 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW * Time allowed: 1 hour and 30 minutes plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. The question paper is divided into TWO sections. You must answer ALL the questions from Section A. There are three scenarios in Section B. You must answer the questions relating to ONE of the scenarios in Section B ONLY. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 3 CERTIFICATE IN LAW AND PRACTICE and LEVEL 3 PROFESSIONAL DIPLOMA IN LAW AND PRACTICE Page 1 of 12

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3 SECTION A (Answer ALL questions in Section A) 1. Identify and explain two ways that an omission can amount to an actus reus of a crime. 2. Explain recklessness in relation to the mens rea of an offence. 3. Explain the meaning of oblique intention. (3 marks) 4. Explain the actus reus of basic criminal damage. 5. Explain the requirements for the partial defence of diminished responsibility to a charge of murder. 6. Identify any two homicide offences created by statute. (2 marks) 7. Identify the mens rea of theft as defined in the Theft Act (2 marks) 8. Identify the mens rea of attempt. (2 marks) 9. Identify the two conditions that must be satisfied for self-defence. (2 marks) 10. Identify any three justifications for strict liability offences. (3 marks) (Total Marks for Section A: 30 marks) Page 3 of 12 Turn over

4 SECTION B (There are three scenarios in Section B. Answer the questions relating to ONE of the scenarios ONLY) Scenario 1 Keith was a member of a criminal gang, known as the Jets, who controlled the north of Kempston town. There was a rival gang in the same town, called the Sharks, who controlled the south of the town. From time to time there had been serious fights between the two gangs. Recently, these had become more violent and Keith wanted to leave the Jets gang. Bob, the leader of the Jets gang, was angry when he found out that Keith wanted to leave. Bob told Keith that he had to make two petrol bombs to use to attack the Sharks and to make sure the Sharks knew who had caused the damage. Bob threatened Keith that if he did not do this, Keith s girlfriend would be harmed. Reluctantly, Keith made two petrol bombs, put them in his car and drove to the south part of the town. Whilst driving through the south of the town, Keith saw two members of the Sharks gang sitting in a parked van. He lit the first petrol bomb and threw it at the van. The petrol bomb narrowly missed the van but caused no harm or damage because the flame had gone out. Keith then drove to a barn where he knew that the Sharks often met. When he arrived, he threw the second petrol bomb through an open window of the barn. The petrol bomb exploded and burned down the barn. There was no one in the barn and so there were no fatalities or injuries. Before Keith drove away from the barn, he sprayed the Jets name on a nearby wall using spray paint. Page 4 of 12

5 Scenario 1 Questions 1. In relation to the first petrol bomb: (a) Explain the elements of the offence with which Keith may be charged. (7 marks) (b) Explain whether the elements of the offence have been established. (3 marks) (Total: 10 marks) 2. In relation to the second petrol bomb: (a) Explain the elements of the offence with which Keith may be charged. (7 marks) (b) Explain whether the elements of the offence have been established. (3 marks) (Total: 10 marks) 3. In relation to the paint on the wall: (a) Explain the elements of the offence with which Keith may be charged. (7 marks) (b) Explain whether the elements of the offence have been established. (3 marks) (Total: 10 marks) 4. Explain any defence which may be available to Keith and whether it will be successful. (10 marks) (Total Marks for Scenario 1: 40 marks) Page 5 of 12 Turn over

6 Scenario 2 Mary shared a rented flat with Jalcinta. Their landlord worked in the same building as Mary. One morning, as Mary was leaving for work, Jalcinta gave her share of the rent money to Mary and asked Mary to pay it to their landlord. Mary agreed, took the money and put it into her purse with her own money. Jalcinta was unaware that Mary had drinking and gambling problems. When Mary arrived at work she could not find their landlord and therefore could not pay him the rent, so she left the money in her purse. After work, Mary went to her local bar and bought several large glasses of wine using her credit card. After she had drunk the wine, she then went off to the casino to play on the gambling machines. These machines paid out winnings with tokens which could be exchanged for money. Within a few minutes, Mary had won some tokens and decided to cash them in. She went to the casino cashier and handed him her tokens. The cashier overpaid her. Mary realised the cashier had made a mistake, but decided to keep the money. Mary then left the casino and went home. The next morning, on her way to work, Mary saw a coat she liked in a shop window. She looked in her purse and realised she had just enough money for the coat. She went into the shop and used the money in her purse to buy the coat. She had forgotten that some of the money in the purse had been given to her by Jalcinta to pay the rent. Page 6 of 12

7 Scenario 2 Questions 1. In relation to the overpayment for the tokens: (a) Define the offence for which Mary may be charged. (6 marks) (b) Explain Mary s legal obligation in relation to receiving the overpayment by mistake. (7 marks) (c) Explain Mary s legal obligation in relation to dealing with Jalcinta s rent money. (7 marks) (Total: 20 marks) 2. Explain any general defence Mary may have if charged with an offence in relation to the overpayment for the tokens. (10 marks) 3. Explain any general defence Mary may have if charged with an offence in relation to using the rent money to buy the coat. (10 marks) (Total Marks for Scenario 2: 40 marks) Page 7 of 12 Turn over

8 Scenario 3 Jack a professional footballer and was selected to make his first appearance playing for his team. On the day of the match, Jack was extremely nervous, as this was his chance to prove to the club and its supporters how good a player he was. Whilst waiting to run onto the pitch before the kick-off, Nobby, one of the opposition players, said to Jack that Jack was rubbish at football. Nobby also said he was going to make sure that Jack would have the worst game of his life. When the match started, Nobby began to push and kick Jack whilst the referee was not looking. During the second half of the match, Jack was passed the ball and Nobby deliberately lunged at him and knocked him over. Jack stood up and without a moment s hesitation kicked Nobby in the knee. Nobby bent over in pain as a result of the kick to the knee and Jack kicked him in the face. Nobby fell to the ground and Jack then kept kicking him in the head. Nobby died as a result of the injuries he sustained from Jack. Jack ran from the pitch and as he was nearing the tunnel to the dressing rooms he saw Shilpa, a first aider, running to help Nobby. Jack pushed Shilpa out of the way and Shilpa s head hit the wall of the tunnel. Shilpa already had a hairline fracture of the skull. As a result of hitting her head against the wall, the fracture worsened and Shilpa died. Page 8 of 12

9 Scenario 3 Questions 1. In relation to Nobby s death: (a) Explain the elements of the offence with which Jack may be charged. (6 marks) (b) Explain whether the elements of the offence have been established. (Total: 10 marks) 2. Explain any partial defence Jack may have if charged with an offence in relation to Nobby s death. (10 marks) 3. In relation to Shilpa s death: (a) Explain the elements of the offence with which Jack may be charged. (6 marks) (b) Explain whether the elements of the offence have been established. (Total: 10 marks) 4. (a) Explain the rules on causation in criminal law, using decided cases. (6 marks) (b) Explain whether Jack has caused Shilpa s death. (Total: 10 marks) (Total Marks for Scenario 3: 40 marks) End of Examination Paper 2015 The Chartered Institute of Legal Executives Page 9 of 12

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