Part One: London College of Legal Studies (South)

LONDON COLLEGE OF LEGAL STUDIES (SOUTH)
Mock Examination 2021

University of London International Programmes
Criminal Law
Duration: 5 Hours
Date: 6th May 2021
Instructions
Candidates should answer all questions from Part One and Three questions from Part Two. (All
question carry equal marks. Total marks: 100)
PART ONE
1. Ishmam, a final year LLB student, works as a teaching assistant in his university. He is
delegated with the task of checking the mid-term exam papers of year 1 students.
Ishmam is very close to his cousin Rishan, also a fresher in Ishmam’s university. He treats
Rishan as his own little brother and never denies him of anything. Overwhelmed with the
pressure of acing the exams, Rishan begs Ishmam to get him a copy of the exam questions in
advance to help him out. Ishmam agrees although emotionally.
The following day, Ishmam enters the campus and heads directly to the room where the question
papers are kept. The door to this room is labeled “Faculty members only”. He proceeds carefully
to the drawer containing the papers and succeeds in taking out a copy and putting it in his
backpack. But just as soon as he is about to get out of the room, his backpack hits a vase which
was placed on the drawer and it falls and breaks. Ishmam quickly picks up the pieces and stores
it in the trash can. Worried, Ishmam decides to leave immediately and exits the campus quietly
ensuring no one saw him.
(a) If you were a prosecutor, what would your preferred charge be in relation to Ishmam in the
matter of the question papers?
(b) Give reasons for your choice in (a) including an explanation as to why you chose as you did
rather than choosing a different charge.
(c) If you were Ishmam’sdefence counsel, what arguments would you raise in response to the
charge in (a)?
(d) How would the prosecutor respond to counter the arguments in (c)?
(e) If you were a prosecutor, what would your preferred charge be in relation to the broken vase?
(f) Give reasons for your choice in (e) including an explanation as to why you chose as you did
rather than a different charge.
(g) If you were Ishmam’sdefence counsel, what arguments would you raise in response to the
charge in (e)?
(h) How would the prosecutor respond to counter the arguments in (g)?
PART TWO
2. Colin, aged 17, is talking to his fellow pupil at college, Duncan. They are having an argument
about who is better at playing a computer game and the argument gets heated. Colin shouts at
Duncan and prods him in the chest with his finger. Unbeknown to Colin, Duncan has recently
been involved in a car accident in which he fractured a rib. As Colin prodded him in the chest
just where the broken rib is, the rib penetrates Duncan’s lung and Duncan collapses struggling to
breathe. Colin panics and calls over to Bjorn, a teacher at the College who is trained in first aid.
Bjorn immediately starts mouth-to-mouth resuscitation and begins chest compressions on
Duncan. These chest compressions compound the injury to Duncan’s lung and, unable to breathe
for over six minutes, he dies. A few days later, Duncan’s mother, Astrid, was driving along a
busy street when she sneezed and momentarily lost control of her car. The car swerved and hit
Bjorn who was riding by on his bicycle. Astrid gets out of the car to assist the cyclist who is
lying unconscious on the road. She recognises the cyclist as Bjorn, who she believes is the
person responsible for her son’s death. Shocked and raging with fury she shouts, “That serves
you right. I hope you die.” She gets back in her car and drives off. Bjorn, suffering from severe
head injuries from the fall, dies 10 minutes later.
Advise the parties as to their potential criminal liabilities.
3. Discuss how far the actions of the victim or a third party can break the chain of causation in
result crimes. Critically assess how far the law in this area is fair and consistent.
4. EITHER
(a) Critically evaluate the law of criminal attempts, giving suggestions for reform.
OR
(b) Explain and discuss the law relating to joint enterprise liability.
5. Rita is Henry’s 14-year-old sister who is in love with Fred. Rita asks Fred to carve the letter
‘F’ on to her arm using a penknife. Fred does not want to do this but reluctantly agrees when Rita
tells Fred that she will end the relationship if he does not. The wound is not serious, although it
does require three stitches. Henry is angry with Fred and they decide to settle their differences by
having a fight. Fred punches Henry, knocking him over and causing him to fracture his wrist.
As Fred is making his way home, a beggar, Toni, who is carrying a baby in her arms, approaches
him and asks him for money. Fred, who is still angry after the fight, raises his hand in a
threatening way. In trying to protect herself and the baby, Toni accidentally drops the baby
which bruises it slightly.
The police are called. PC Dibble tries to arrest Fred but Fred pushes PC Dibble in an attempt to
get away, causing PC Dibble to fall to the ground suffering serious cuts to his arm.
Discuss the possible criminal liability of Fred.
6. EITHER
(a) Compare and contrast duress, self-defence and necessity.
OR
(b) Explain and discuss the partial defences of loss of control and diminished responsibility.
7. What, if any, DEFENCES are available to Sim, Rita, David and Ben to criminal charges in the
following THREE situations:
(a) Sim is driving along a motorway in his car. He notices a lorry is driving dangerously close
behind. Sim breaks the speed limit to avoid a possible crash.
(b) Rita is a diabetic. One morning, on the way to work, she is raped by John. Despite being
traumatised by the rape she makes her way to work. A little later, while sitting at her desk, she
succumbs to hyperglycaemia, having forgotten to take her insulin due to the trauma of the rape.
She becomes very confused. Moeen, a male colleague, notices that Rita is looking unwell. He
goes over to her, puts his hand on her shoulder and asks her if she is all right. Rita, in her
confusion, thinks Moeen intends to rape her and so punches him in the groin.
(c) David sees Ben, a work colleague, bullying Julio. He approaches Ben and tells him ‘to pick
on somebody your own size’. They agree to ‘settle things’ in the boxing ring in the work’s gym.
They fight together one evening and each suffers cuts and bruises.
THE END

Part One: London College of Legal Studies (South)

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What potential criminal charges could Ishmam face for taking the exam papers?

What potential criminal charges could Colin face for his actions that led to Duncan's death?

LONDON COLLEGE OF LEGAL STUDIES (SOUTH)

Mock Examination 2021

Advise the parties as to their potential criminal liabilities.

Discuss the possible criminal liability of Fred.

(a) Compare and contrast duress, self-defence and necessity.

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