Briefly discuss the offences with which Sam, Tina and Judy may be charged and the scope of any defences which they may seek to rely on.

Examination Paper Structure

This paper contains 5 pages and 6 questions

Answer 3 questions only

Question ONE

In August 2020, whilst shopping at his local supermarket, Daniel was approached by a shop assistant, Jivin, who asked him why he was not wearing a face mask. Jivin informed Daniel that he must wear a face mask in the store in compliance with government rules on COVID-19.

Daniel replied, stating his belief that the 5G mobile phone network causes COVID-19 and that he did not need to wear a mask. On this basis, Jivin asked Daniel to leave the supermarket. Daniel lost his temper and spat in Jivin’s face. He then ran out of the store. Jivin reported the incident to the police and arranged to have a COVID-19 test. The test showed that he had contracted COVID-19. When the police found Daniel, they arrested and charged him with battery. Around that time, Daniel also tested positive for COVID-19. It was accepted by the prosecution that he did not know he had the disease at the time he assaulted Jivin.

When he was released from custody, Daniel returned to his home. He lived there with his elderly mother. His mother took sensible precautions to protect herself, but contracted COVID-19. Daniel attempted to care for his mother. When her conditioned worsened he panicked and, afraid that he might get into trouble with the police again, failed to contact the health services. His mother regrettably passed away at home from coronavirus. It is accepted by the prosecution that his mother was incapable of contacting the health services.

Ten days after being spat at, the shop assistant, Jivin, was admitted to hospital with difficulty breathing. He sadly passed away not long afterwards. The medical evidence shows that he died of complications arising directly from coronavirus.

Discuss the criminal liability of Daniel for involuntary manslaughter offences.

Question TWO

After dinner with his girlfriend Daisy at her flat, Rodney lights a cigarette as he and Daisy sit down on the sofa together to watch a movie. The movie turns out to be very boring and both of them fall asleep on the sofa. The cigarette falls to the floor and the carpet begins to smoulder. Rodney wakes up and realising he is still hungry decides to go out and find a Chinese takeaway. He notices the cigarette still alight on the carpet, but assuming it will go out on its own, goes out to get his takeaway. While he is out, the carpet is set alight together. The fire quickly spreads and Daisy, waking up, screams, but is unable to get out of the house. Daisy is ultimately rescued and taken to hospital, where the doctors treat her serious burns and remove the smoke from her lungs.

While waiting for his Chinese takeaway, Rodney sees a couple, Bob and Bethany, that are whispering between themselves and laughing. Thinking that they are laughing at him, he lunges towards Bethany and punches her in the face, giving her a black eye. He then turns to Bob and tells him ‘I suggest you start running unless you want something worse to happen to you.’ While leaving the Chinese restaurant, Rodney see Lina, his ex-girlfriend. Deciding to teach her a lesson for cheating on him, he takes his knife and stabs her in the leg. Lina is taken to the hospital, where she has to get stitches for the stab wound.

Discuss the criminal liability of Rodney arising from the above facts.

Question THREE

‘The liability of an accessory for offences committed by a principal is very useful in practice, and much improved since the case of Jogee.’

Discuss this statement with reference to relevant case law.

Question FOUR

‘In light of the expansion of the defence of duress of circumstances, there is really no need for a separate defence of necessity. Having both defences, simply confuses the scene because it makes it difficult to decide which one should be used in each case.’

Discuss this statement with reference to relevant case law.

Question FIVE

Sam and Tim share a student house with a large garden and decide to have an end of year “house and garden party” for which Tim and Sam prepare a strong alcoholic punch. At the party, Sam drinks some of the punch, knowing that it contains alcohol, but not realising how strong it is. While drunk from the punch, he gets in a fight with Tim, gives him a hefty shove causing him to fall and hit his head on the garden steps, causing a deep cut to his cheek. When his friend Tina criticises Sam’s behaviour, Sam throws his glass at her, hoping to hit her on the face. Instead, he hits Mat, who was standing next to her. The glass breaks and injures Mat’s eye, who now must stay in hospital for several weeks to recover.

Tina, who is a diabetic, is very upset with the incident with Sam. As a result of this, she forgets to take her insulin. Suddenly, for no reason, she pushes Tim down the stairs, causing him to break his leg. Tina then collapses on the floor unconscious and subsequently has no memory of what she has done.

Judy is another guest, who is also diabetic. Having seen what happened to Tina, she decides to take a double dose of her insulin in order to make sure that nothing like that happens to her at the party. As soon as she takes the double dose however, she slaps her friend Andrew in the face, causing him to bruise.

Briefly discuss the offences with which Sam, Tina and Judy may be charged and the scope of any defences which they may seek to rely on.

Question SIX

Jock, a university law student, is worrying about a forthcoming examination. Ignoring a sign which reads, ‘Students are not welcome’, he tries the door of Professor Brown’s office and, finding it unlocked, he goes in. He sees Professor Brown’s sandwich on the desk and suddenly feeling hungry, he decides to eat half of it. Jock then spots the Examination Paper and the model answers on the desk. He takes the examination paper, rushes to a copier he saw outside the room, makes a copy and returns the original back to the desk. He leaves the office before Professor Brown returns.

Jock then decides to catch a bus and visit an old lady who lives on her own. (Jock calls her ‘Gullible Annie’ and he likes to visit Annie because she always gives him expensive gifts). Even though he is 19 years old, he tells the bus driver that he is 16 so that he does not have to pay for a bus ticket. When he goes to Annie’s house, he tells her it’s his birthday. Annie, feeling worried because she didn’t buy him a present, asks whether there is anything in the house he would like to take. He says ‘Well, I am rather fond of the little statue you have on the fireplace.’ Jock suspects that ‘the little statue’ is in fact worth a lot of money. Annie gives him the statue which indeed turns out to be a rare antique worth £100,000.

Later in the day, Jock decides to go shoe shopping. He sees a pair of shoes he likes and he changes the price tag on the shoes to show £15 rather than £75. He pays £15 for the shoes. Finally, Jock enters another shop and realises that the till has been left unattended. He ignores the sign saying ‘Staff only’ and he takes £50 from the open till.

Discuss Jock’s criminal liability under the Theft Acts 1968 and 1978 and the Fraud Act 2006.

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