Criminal Exam 2024 A

LA1010 May ZA
CertHE COMMON LAW

LLB
BSc DEGREES WITH LAW
Criminal law
Tuesday 28 May 2024
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 2024
Page 1 of 4
PART ONE
You must answer these COMPULSORY questions.
1. Katya buys a ticket to an archaeological exhibition costing £15. The

ticket price states “includes a free copy of the information pamphlet”. On
entering the exhibition, Katya sees guidebooks on archaeology near the
entrance and picks up three copies, thinking they will make nice presents
for her sisters. The exhibition had, in fact, run out of information
pamphlets and the guidebooks were not free. While walking through the
exhibition, Katya sees a small vase that she thinks is the most beautiful
piece of pottery she has ever seen. Katya has recently joined pottery
classes and decides to borrow the vase to make a copy. She puts the
vase in her bag, intending to return it after her next pottery class.
Just before leaving the museum, Katya visits the gift shop. She sees a
sculpture she really likes. Katya decides to chip off a corner of the
sculpture in the hope of getting a discount. She asks the cashier for a
discount due to the chip, but the cashier says she is not authorised to
give discounts. Disappointed, Katya puts the sculpture back on the shelf
and leaves the store. Before leaving the museum, Katya goes into the
café to try their famous pastry. She orders coffee and pastry. The pastry
is not as good as Katya had hoped but she still eats the pastry and
leaves the café without paying.
(a) If you were the prosecutor, what offence(s), if any, would you charge
in relation to Katya and the guidebooks?
(b) Explain your reasoning in relation to (a) above.
(c) What arguments could be raised by the defence in relation to the

charge in (a) above.
(d) How would you respond to the arguments raised by the defence in
(c)?
(e) If you were the prosecutor, what offence(s), if any, would you charge
in relation to Katya and the vase?
(f) Explain your reasoning in relation to (e) above.
(g) What arguments could be raised by the defence in relation to the

charge in (e) above?
(h) If you were the prosecutor, what offence(s), if any, would you charge
in the matter of Katya and the sculpture?
(i) Explain your reasoning in relation to (h) above.
(j) If you were the prosecutor, what offence(s), if any, would you charge
in matter of Katya and the coffee and pastry?
PLEASE TURN OVER
Page 2 of 4
(k) Give reasons for your answer in (j).
PART TWO
You must answer THREE questions in this part.
2. Explain the circumstances in which the criminal law imposes liability for
omissions to act and discuss whether the law is satisfactory considering
the relevant case law.
3. Discuss whether Adam, Bahzad, Colin and Dal 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) Adam and Daisy are married. One night, Adam begins to have
intercourse with Daisy when she is asleep. Daisy wakes up during
the act of intercourse; she is horrified and tells Adam to stop. Adam
immediately stops the intercourse;
(b) Bahzad meets Sally, an aspiring model, at a bar. Bahzad tells her he
is well connected in the world of fashion and if Sally has sex with him,
he can help her become famous. Sally agrees to have sex on the
condition that they use a condom. After they have intercourse,
Bahzad admits he works at the local supermarket and has no
connections. Unbeknown to Sally, Bahzad removed the condom
during intercourse;
(c) Colin and Ana meet at a party. Ana does not normally drink alcohol
but decides to have a drink. She asks Colin for a glass of wine. Colin,
who knows Ana is unaccustomed to drinking, gives her a strong drink
of vodka. After two drinks, Ana is intoxicated and unsteady on her
feet. They have intercourse that night, but the next morning, Ana has
no recollection of it;
(d) Dal owns a series of houses that he rents out to low-income tenants.
One of the tenants is Cindy, a single mum who has recently lost her
job. Cindy tells Dal she cannot afford to pay rent or to buy food for
her young son. Dal says he will not charge rent that month if Cindy
has sex with him. Fearing she will be homeless, Cindy agrees.
4. Evaluate the law on non-fatal offences against the person in relation to

the concept of harm and discuss whether the definitions and boundaries
of harm in the criminal law are adequate.
Page 3 of 4
5. Thomas and Carmy have been best friends since childhood and
consider themselves brothers. They both smoke marijuana and
sometimes take cocaine. Carmy tells Thomas that he has some heroin
for them to try. They go to Carmy’s flat, where Carmy prepares a syringe
and hands it to Thomas who injects himself. Unfortunately, the dose of
heroin proves far too strong for Thomas and Thomas loses
consciousness. Carmy panics and tries to rouse Thomas. Carmy starts
searching for advice online and phones their friends for suggestions.
Eventually, an hour later, he calls for an ambulance. The junior doctor at
the hospital mixes up Thomas’s notes with those of another patient and
thinks that Thomas has had a stroke and treats him accordingly. Soon
after, Thomas dies from the untreated drug overdose. Carmy hears a
consultant tell the junior doctor that, if he had treated Thomas with
correct medication, there is an 80% chance that Thomas would have
survived. Carmy is shocked at the treatment provided by the junior
doctor and starts shouting at him. He becomes increasingly aggressive
and pushes the doctor, who falls on the ground. As he falls, the doctor
suffers a heart attack and dies. It later transpires that the doctor suffered
from a heart condition of which he was not previously aware.
Discuss the liability of Carmy for the deaths of Thomas and the junior
doctor.
6. Chris is having a peaceful morning walk when he is attacked by a stray

dog. While trying to protect himself from the dog, he waves his arms in
panic and hits Ade, a passer-by. Ade suffers a broken nose. Jose,
another passer-by, comes to help Ade and bends over to check on him.
Ade’s girlfriend, Chidi, on arriving at the scene, thinks that Jose is
attacking Ade and hits Jose on the head with a rock she found lying
nearby. Jose suffers a fractured skull. In the meantime, Chris chases the
dog away and walks off. Chris is a diabetic but, due to the trauma of the
dog attack, he forgets to take his insulin. He walks to work, feeling
increasingly confused, succumbing to hyperglycaemia. Mohsen, a
colleague, notices that Chris is looking unwell. Mohsen goes over to him
and asks Chris if he is alright. Chris, in his confusion, thinks Mohsen is
about to attack him and so punches him in the stomach.
Discuss if Chris and Chidi have any DEFENCES available. (You do not
need to discuss any offences.)
Would it make any difference to your answer if the reason for Chris’s
confusion when he punched Mohsen was caused by voluntary
intoxication?
7. Explain and discuss the concept of joint enterprise in the context of

participation in crime, making particular reference to the changes
effected by Jogee [2016] UKSC 8, and to why the changes were
considered necessary.
END OF PAPER
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LA1010 May ZA

CertHE COMMON LAW

Tuesday 28 May 2024

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

© University of London 2024

You must answer these COMPULSORY questions.

1. Katya buys a ticket to an archaeological exhibition costing £15. The

(b) Explain your reasoning in relation to (a) above.

(c) What arguments could be raised by the defence in relation to the

(f) Explain your reasoning in relation to (e) above.

(g) What arguments could be raised by the defence in relation to the

(i) Explain your reasoning in relation to (h) above.

You must answer THREE questions in this part.

4. Evaluate the law on non-fatal offences against the person in relation to

6. Chris is having a peaceful morning walk when he is attacked by a stray

7. Explain and discuss the concept of joint enterprise in the context of

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