UNIVERSITY OF TEESSIDE

SCHOOL OF SOCIAL SCIENCES & LAW

Session 2009/2010

CRIMINAL LAW (SST) RESIT

Venue: ???

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Date: ??? Time: ???

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INSTRUCTIONS TO CANDIDATES:

Exam Time: 90 minutes

Reading Time: 5 Mins

This paper consists of SIX questions.

Answer any THREE questions.

All questions carry equal marks.

Where questions consists of parts, each part carries equal marks.

1. Discuss, with reference to decided cases, the circumstances in which a
person can be liable for a crime on the basis of omitting to act.

2. Bert attacks Adam following a terrible row, seriously injuring him. Although
Adam sustains severe physical injuries, he flatly refuses hospital treatment
and his wounds become infected. After one week Adam is in so much pain
that he finally admits himself to hospital. In hospital the doctors administer
inadequate medical treatment. Adam dies as a result.

Discuss whether Bert has caused Adam’s death.

3. Critically discuss, with reference to decided cases, the extent to which

judicial confusion surrounding the meaning of the mens rea concepts of
‘intention’ and ‘recklessness’ has now been resolved.

4. Define and distinguish the defences of automatism and insanity and explain
which defence the following defendants may have to criminal charges:

a) Alan is diabetic. He takes his prescribed insulin but subsequently

forgets to eat, with the result that he assaults his partner;

b) Carl assaults his friend by kicking him in the head during an epileptic
seizure;

c) Diane loses control of her car and collides with a pedestrian on her way to
work one day, after being struck on the head by a stone which was thrown
through the open window of the car.

Would your answer to c) differ if Diane had lost control of her vehicle and
collided with a pedestrian because she had fallen asleep at the wheel of her
car?
5. Homer and Marge have had several violent arguments since Homer lost his
well paid job at the Power Plant. On one such occasion, Homer shouted at
Marge that he would strangle her if she did not shut up. At these words,
Marge was very frightened.

As Homer approached her to see if she needed help, Marge lashed out at him
with her fists clenched, thinking he was about to attack her again. Homer
sustained a black eye.

Homer then waved a knife at Marge, cutting her on the arm. Marge, in
response, hit Homer over the head with a frying pan. Homer sustained severe
concussion.

Identify and explain the actus reus and mens rea of any offences against the
person which may have been committed by Homer and Marge.

6. Describe the requisite elements of offence of theft and discuss whether theft
has occurred in the following circumstances:

i) On checking her bank balance, Narinder notices that she has received
an overpayment of salary by her employers and so decides to go on a
shopping spree.

ii) On route to the shopping mall, Narinder finds a solid gold ring on the
pavement. On examination she discovers the ring is engraved with the
owner’s name. She puts the ring in her pocket, having decided to keep
it for herself.