SECTION A: Criminal Law
Answer TWO questions from a choice of FOUR
“Arthur is trying on a coat in a shop. He has a big party that night he wants to wear it for. However he is distracted by a song that comes on and humming along to it, he walks out the shop, forgetting he still has the coat on. Only on the coach home does he suddenly realise he never went to the till to buy it. Back at home he cuts the price tag off so he can wear it out to the party in the evening. The next day he decides that the coat is actually quite expensive and perhaps he can’t afford it, so on Monday he takes it back to the shop.
Belinda needs money to feed her drug habit. She is going around trying the doors on various houses on an estate. They’ve all been locked, until one opens. As she puts a foot inside an alarm goes off, and she runs away.”
Evaluate any criminal liability arising.
“Calpurnia sees Yvette with an ice cream cone. She approaches and lifts it out of the Yvette’s hand. Yvette objects but Calpurnia pushes Yvette to the ground and strolls off devouring the cone.
Dominique spots a sign advertising a £100 reward to anyone under 30 who gets a coronavirus vaccine today at a drop-in centre. She is in fact 30 but when asked by the nurses is she under 30 she nods in order to receive the bonus. However when checking her medical records they release her true age and do not pay the bonus.
A student, Elspeth, scrawls ‘#FreeBritney’ on a whiteboard with a whiteboard marker in a now disused lecture theatre at her University.”
Evaluate any criminal liability arising.
“Filippo is not feeling well and is coughing a lot. Whilst walking in the park he sees Gianfranco who he does not get on with. As they pass one another on the path, Filippo coughs at Gianfranco.
Heston is playing football. The ball goes up in the air and an opponent, Inigo, challenges to win the header. Heston jumps too but leads with his arm in order to elbow Inigo in the face. Inigo suffers a gash from the blow.
Jennifer has been diagnosed with HIV, however she is taking medicine which has reduced many of the symptoms and she feels the disease is being defeated. Consequently, she believes there is no likelihood of the condition being spread through oral sex due to the virus being suppressed in her body and there being a much lower chance of transmission from it ordinarily than
some penetrative sex. She meets Kimberly on a dating app. Back at her place they perform oral sex on one another. A few weeks later Kimberly is diagnosed with HIV.”
Evaluate any criminal liability arising.
“Luftur is having an altercation with Mo. When Mo raises his hand to try and calm things down, Luftur, who is on his 3rd bottle of wine that evening, thinks Mo is about to strike him and so kicks Mo in the belly. Mo is winded and bruised.
Narendra has been taking prescription medication but doubts whether it’s working so decides to double his daily dose. However an hour later he begins feeling strange and as he passes out he sees himself falling onto an elderly person, Oppiah, who suffers a broken hip.”
Evaluate any criminal liability arising.
SECTION B: Criminal Practice Answer ONE of the TWO following questions
You act for Paul Quartermaine who has been arrested in connection with causing grievous bodily harm contrary to section 18 of the Offences Against the Person Act
1861. You attend the police station and are provided with a summary of the alleged assault set out below:
On the night in question it is alleged that Paul Quartermaine left the “PLC” nightclub around 11.50pm having consumed 6 pints of lager. He was walking to his home when he saw his girlfriend’s ex-boyfriend, Rob Stanforth, coming the other way. Rob Stanforth states that he tried to walk past him and say nothing but that Paul blocked his way and provoked an argument. During the course of the argument it is alleged that Paul pulled a knife from his pocket and stabbed Rob in the stomach before running away. A member of the public who was in the vicinity at the time called the police and ambulance who attended and took Rob to hospital where he had surgery to repair a damaged liver and had 27 stitches; Rob is willing to provide a statement when fit to do so. The member of the public has not made a statement and wishes to remain anonymous at this time. The hospital has confirmed Rob is likely to make a full recovery. Paul was arrested at his home address at 1.30am which was searched. Nothing was found at his home address where he lives alone and he said nothing when arrested. He was taken to Broom Valley Police Station where he was placed in detention pending interview. His clothing was seized including a t-shirt which appeared to have a blood stain on it; the knife in question has not been found. You are aware there is council CCTV in the area but the investigating officer declines to comment upon whether it has been seized and viewed at this stage.
His previous convictions are as follows:
Offence Plea Sentence Date
Battery
Section 39 Criminal
Justice Act 1988 Guilty Conditional Discharge January 2014
Criminal Damage
Section 1 Criminal
Damage Act 1971 Guilty Fine March 2016
Theft
Section 1 Theft Act 1968 Guilty Conditional Discharge December 2016
Failure to Surrender Section 6 Bail Act
1976 Guilty Fine August 2018
Battery occasioning
ABH
Section 47 Offences Against the Person
Act 1861 Not guilty Community Service
Order 12 months September 2018
You speak to Paul in a private consultation and he tells you that he can’t remember much but what he can remember is Rob Stanforth jumping out at him from nowhere and pulling a knife on him; they had a fight and he thinks that Rob must have fallen on his own knife. All he wanted to do was get away and so he ran off – he didn’t realise Rob was injured otherwise he would have called for an ambulance himself. He thinks the blood might be Rob’s; he just didn’t notice it in his panic to get away. He tells you he has a full-time job as a plumber with a local firm and has worked there for 3 years. He lives on his own but his family live nearby. He has a three- year-old daughter from a previous relationship who lives with her mother, also nearby. He has been in trouble in the past but managed to turn his life around and has a stable relationship with his girlfriend Tessa Ullswater; they are due to be married next year. In relation to his previous for failing to surrender he tells you that this was a genuine mistake and he got the date wrong.
Answer EITHER question 1 or question 2
Identify the strengths and weaknesses of the prosecution evidence and explain all of Paul’s options in police interview taking into account the advantages and disadvantage of each option for him, and what your overall advice to him would be.
OR
Despite any advice you give to Paul he is charged under s.18, Offences Against the Person Act 1861. He is remanded in custody pending his first appearance at the magistrates’ court. The prosecution plan to apply to have Paul remanded in custody at his bail hearing. Explain what their likely arguments might be, and how you would counter their arguments, including any conditions that could be offered in order to best secure release on bail.
