PRESIDENT’S COLLEGE

CARIBBEAN ADVANCE PROFICIENCY EXAMINATION PROGRAMME

YEAR OF ASSESSMENT: 2019-2020
COURSE: Public Law
Law Unit: 1
Tutor: Mr. Kevin Morgan; LL’B, LEC.

COURSE OUTLINE
Module 1 of 3
Caribbean legal systems
“Law is a system of rules usually enforced though a series of institutions.
The CAPE Law Syllabus assists persons who wish to embark on further
study and training for entry into the legal profession, it also addresses the
needs of other persons engaged in occupations which require some
knowledge of the law, such as clerks, paralegals, administrators,
managers, the police and other public officers. It serves to inform persons
of their rights and obligations, and to inculcate in them certain positive
values, which are necessary in a civilised society.” – CXC CAPE Law
Syllabus

The historical development of the English Common law, which is widely

applicable in Guyana and the Commonwealth or English speaking Caribbean is
deeply rooted in social and religious developments in England.

This module requires us to develop an appreciation of law in this context.

Specifically, we must be able to describe the various theories and meaning of
law, describe the interrelationships of law, morality and religion- issues that
are more topical today than ever before in light of calls for the legalization of
marijuana, homosexuality, medically assisted suicide and taxation of the
church.

It is also incumbent upon us to appreciate the sources of law, classify law into
its various fields, the roles and hierarchy of the judicial construct of Guyana
and the Commonwealth Caribbean, alternatives to dispute resolution
settlements, the ethics of a good lawyer and the ombudsman.

In the final analysis, we must be able to satisfactorily fulfill these four (4)
requirements to successfully past this module:

1. Understand what is law,

2. Appreciate the nature of law,
3. Understand the important role of law in a changing Commonwealth
Caribbean environment; and
4. Demonstrate your understanding of law through an in class exercise.

This module will be covered over a duration of four (4) weeks in the following
manner:

Topics

October 7, 2019

1. Legal jurisprudence (Natural Law and Positive Law)

a. Nature, origin, role and function.
b. Theories of Natural law, positive law, realism, economic theory etc.
2. Law, morality and religion

October 14, 2019

3. Sources of Law
a. Common-Law
b. Constitution
c. Acts/Legislation of Parliament and Subsidiary laws (Orders nd
Regulations)
d. Equity
e. Judicial Precedent
 f. Customs and conventions (Marriage Act and legal age of marriage
in Guyana. See also Sexual Offences Act in cases of child marriage
and arrange marriage customs in Guyana)

October 21, 2019

4. Classification of law
5. Judicial construct, functionaries and Hierarchy
a. The Caribbean Court of Justice
b. The Judicial Committee of the Privy Council

October 28, 2019

c. Judge and Jury
6. Alternative Dispute Resolution (ADR)
7. Ethics, rights and obligations of the legal profession
8. The ombudsman

Assessment

Course Work- 10 marks

News letter
Fact pattern
Debra is charged at the Cove and John Magistrate’s Court for inflicting
grievous bodily harm on Mike, her son, age 2 years old. Debra chopped off
Mike’s finger after he stole a piece of fish from her pot. When the Magistrate
asked Debra the reason for her action, Debra said that her religious book
taught her that if her right hand causes her to sin, cut it off.

‘Blah Blah’, a private citizen, writing in the Stabroek Newspaper of Janauy 1,

2019 stated that “the Court must consider that Debra did not act on her own
and was only following her religious instruction which the Constitution
protects.”
You are required to respond to this letter with either one of the following
commencing paragraphs:
“Dear Editor,
I refer to the letter of Blah Bah appearing in the January 1, 2019
edition of your newspaper. Mr. Editor, Law, morality and religion are
indispensable…”

“Dear Editor,
I refer to the letter of Blah Bah appearing in the January 1, 2019
edition of your newspaper. Mr. Editor, Law, morality and religion are not
indispensable…” (no more than 5 paragraphs)
PRESIDENT’S COLLEGE
CARIBBEAN ADVANCE PROFICIENCY EXAMINATION PROGRAMME
YEAR OF ASSESSMENT: 2019-2020
COURSE: Principles of Public Law
Law Unit: 1
Tutor: Mr. Kevin Morgan; LL’B, LEC.

COURSE OUTLINE
Module 2 of 3
Principles of Public Law

The module has two primary objectives; understanding the concept of public
law and appreciating the principles governing conduct of public administrators
under the Constitution and in that area of the common law classified as
administrative law.

This module will guide us in understanding the powers of parliament and its
sovereign reign over the affairs of the land, the supremacy of the constitution
over all laws and the work of public functionaries, the fundamental rights of
the citizen such as the right to life, the role and functions of different
constitutional bodies such as the Teaching and Police Service Commissions,
the separation of powers doctrine, judicial review, judicial independence, the
functions and appointment of the President, the rule of law and natural justice.

This module will be covered over a duration of four (4) weeks in the following
manner:
Topics

November 4, 2019

1. Parliamentary Sovereignty and Constitutional Supremacy

2. Fundamental rights
3. Service Commissions
4. Parliament and the National Assembly and the composition
5. Appointment, powers and immunity of the President (Head of State)

November 11, 2019

6. Separation of powers Doctrine and Judicial Independence

7. The Rule of Law
November 18, 2019

8. Judicial Review (JR)

a. Ultra vires doctrine
i. Unlawful decisions
ii. Actions by State actors (Henry Green v DPP of Guyana)
iii. Breach of principles of natural justice
iv. Improper delegation (Delegata potestas non potest delegari)
v. Abuse of discretion
b. Breach of fundamental rights (due process and right to hearing)
c. Breach of provisions of statue other than Constitution (Police Act
and Public Service Rules)

November 25, 2019

9. Locus Standi (Madam Chief Justice Roxane George in Zulfikar Mustafa

and the Attorney General of Guyana and the Chairman of the Guyana
Elections Commission (2018) H.C Dem.)- the busybody doctrine and
legitimate right to redress and or hearing.
10. Statutory interpretation
 11. Remedies
a. Mandamus
b. Certiorari
c. Injunction
d. Damages
e. Specific performance
f. Declarations
g. Contempt

Assessment

Course Work- 15 marks

Case Brief
 Thomas v AG (1982) AC 113
 Lilleyman v IRC (1972) 18 WIR 227
 Collymore v AG (1967) 12 WIR 5
 Maharaj v AG (1979) AC 385
 Hinds v R (1977) AC 195

Assessment

Course Work- 15 marks

Assignment
Jeff is the Chairman of the Board of President’s College and Cinty is his wife.
Cinty is an Executive member of a trade Union known as ‘Senior Secondary
schools staff Union’ (SSSSU). Clair, a staff of the college for 25 years stayed
away from work for half a day due to the flu. When she arrived at work the next
day, the Principal and the Personnel Officer met with her and later instructed
her to appear before Jeff and show cause why she should not be dismissed
immediately.
On seeing Clair Jeff asked “why are you here?”. As Clair was about to speak,
Jeff uttered “leh we meck long story short, I get a meeting to attend, I just called
de Principal and she seh yo dismissed, so take yo tings and go home.”
Cinty and Clair now appears before the full Board of President’s College to
protest the decision and possible reverse the decision.
‘Know It-all’ a member of the Board, prior to the start of the meeting, objected
to Jeff chairing the meeting, citing that he had read the President’s college
legislation which he ‘thinks’ state that Jeff cannot participate in any Board
matter which he can directly or indirectly through his wife or anyone else
benefit from.
‘Short of-words’ another member of the Board uttered “give back de lady she
wuk, Board nah give nobody power to dismiss.”
Jeff, determined to proceed, was interrupted by Cinty who stated that “my
client didn’t come here to wait another day for a decision. If you don’t act now I
will move to the Court to review this matter.”

Questions:
1. You are State Counsel in the Chamber of the Attorney General. Prepare a
Legal Opinion (IRAC method) to the AG on:
a. Whether Cinty or the Union can review the matter in Court (Locus
standi- Zulfikar Mustapha Case).
b. Whether Judicial Review is available to Clair (Judicial Review Act
of Guyana- natural justice, right to hearing, due process- public
officer).
2. You are the Legal officer of President’s College. Jeff asked you to prepare
an inter-office memorandum advising on the correct interpretation of the
 President’s College Act dealing with the point ‘Know It-all’ raised (Ultra
vies and improper delegation- Section 4 of Act).
3. You are the Chief Justice of Guyana. Clair has filed a complaint against
the Board along the lines raised by ‘Short of-words’ and a breach of her
fundamental rights. In hearing the matter, the Board refused to appear
before you, the Union and Clair submitted that only the Board can
dismiss her.
Clair is asking for the following orders:
a. Declaration that the Principal and Personnel Officer acted ultra
vires,
b. Declaration that Jeff incorrectly exercised his discretion when
he refused to hear her,
c. Declaration that Jeff incorrectly exercised or fettered his
discretion when he relied on the instruction of the Principal,
d. Declaration that the Board breached her Constitutional rights
to due process and fair hearing,
e. Certiorari directed to the Board quashing the decision of Jeff to
dismiss,
f. Mandamus directed to the Board to re-instate Clair (Cheryl
Scotland et al v Sita Ramlall (Guy).
g. Damages.
 Christmas Term Examination

Topics

Essay

1. Natural Law and Positive Law

2. Law, morality and religion
3. Discuss three Sources of Law
4. Relevance of Judicial Precedent
5. The Caribbean Court of Justice and The Judicial Committee of the Privy
Council
6. Alternative Dispute Resolution (ADR) and the ombudsman
Problem solving and multiple choice
7. Parliamentary Sovereignty and Constitutional Supremacy
8. Breach of Fundamental rights, natural justice and associated remedies
of mandamus, certiorari, prohibition, damages, declarations.
9. Separation of powers Doctrine and Judicial Independence
10. Judicial Review (JR)
11. Ultra vires doctrine
12. Statutory interpretation
END OF TERM 1
PRESIDENT’S COLLEGE
CARIBBEAN ADVANCE PROFICIENCY EXAMINATION PROGRAMME
YEAR OF ASSESSMENT: 2019-2020
COURSE: Criminal Law
Law Unit: 1
Tutor: Mr. Kevin Morgan; LL’B, LEC.

COURSE OUTLINE
Module 3 of 3
Criminal Law

The importance of this module is to assist us in developing an understanding

for the relevance or utility of criminal law in Society. At the end of this module,
we will be able to determine when a person is likely to be found guilty for
breach of a criminal code and how such code may be breached.

In addition, we will be able to identify defences or excuses a person may be

able to raise to minimize or avert altogether, the imposition of sanction for the
committing a criminal wrong either by omission, commission or. state of being’.

This module will consider:

 Basic principle of criminal liability

 Consider elements specific to certain Offences against the person
 Consider elements specific to certain Sexual Offences
 Consider elements specific to certain Offences against property
 Consider elements specific to certain Inchoate Offences
 Consider specific defences

This module will be covered over a duration of seven (7) weeks in the following
manner:

Topics:
January 6, 2020

1. Basic principles of criminal liability

a. Actus reus
i. Acts
ii. omissions
iii. consequences (resultant crimes)
iv. state of affairs crimes (surrounding circumstances)
b. Mens rea
i. Specific intention- standards- recklessness and negligence
ii. Oblique intention
January 13, 2020

c. Coincidence of the actus reus and mens rea (Actus reus non facit
reum nisi mens sit rea)
d. Strict liability offences as exception
e. Age of criminal liability (Juvenile Justice Act)
i. Age 14 presumption
f. Doctrine of transferred malice
January 20, 2020
2. Offences against the person
a. Murder
i. Felony murder rule (oblique intent)
ii. Infanticide
b. Manslaughter: voluntary and involuntary
c. Assault
d. Wounding
January 27, 2020
3. Sexual offences
a. Rape
i. Children
ii. Adult
b. Incest
c. Administering a noxious substance for a sexual purpose
d. Sexual grooming

February 3, 2020

4. Offences against property

a. Larceny or theft* - *not an offence in Guyana
 i. From person
ii. From dwelling house
iii. Break and enter and larceny
b. Robbery
c. Burglary
d. Criminal or malicious damage to property
February 10, 2020
5. Inchoate (incomplete offences)
a. Conspiracy
b. Attempt
c. Incitement
6. Joint enterprise

February 17, 2020

7. Defences
a. Insanity
b. Diminished responsibility
c. Provocation
d. Intoxication
e. Self- defence
March 16, 2020
8. Sentencing
a. Five principles of sentencing
i. Deterrence to offender
ii. Deterrence to other members of society
iii. Compensate
iv. Retribution
v. Rehabilitation
b. Juveniles
c. Corporal punishment and capital punishment (death penalty)

Method of delivery of Module

1. Court attendance
2. Court Tour
3. Mock trials
4. Quiz
5. Assignment
Assessment

Course Work- 50 marks (Past Papers 2014 to 2019)

Internal Assessment suggested topics

1. Abolition of trial by jury

2. Free education
3. Non appointment of chancellor and chief justice in Guyana
4. Closing the circle: Appeals to the Privy council v the CCJ
5. Decriminalization of marijuana
6. The use of drones
7. Cybercrime, cyber security, cyber bullying etc.
8. Women right
9. Corporal punishment in the home and school
10. Capital punishment
11. Press freedom
12. Climate change and environmental law
13. Noise nuisance
14. Speeding on the roadways/careless driving

Students are required to conduct research by any accepted scientific method

and thereafter provide a written report. The report should be presented in the
IRAC, ISAAC or FILA method of legal writing. the aim of the Report is to test
student’s ability to demonstrate a high level of maturity, analytical skills and
excellent writing ability.
Candidates must support their responses with legal authorities, namely
• Case Law
• Statute
• Legal writers
Examination Preparations

March 23 (Module 1)

March 30 and April 6 (Module 2)

April 13 and April 20 (Module 3)

April 27 Internal Assessment submission

May 27 (wed) Examination Paper 2

May 29 (Fri) Examination Paper 1