TEST CODE 02131020

FORM TP 2005237 MAY/JUNE 2005

CARIBBEAN EXAMINATIONS COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 1 - PAPER 02
2 hours 15 minutes

(}4 MAY 2005 (a.m.))

INSTRUCTIONS TO CANDIDATES

l. This paper consists of TEN questions in TWO sections. Answer FOUR

questions as indicated below .

2. Section A consists of ONE compulsory question.

3. Section B consists of NINE questions, THREE from each Module. Answer

ONE question from EACH module.

Copyright © 2003 Caribbean Examinations Council

All rights reserved.
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SECTION A

Answer this COMPULSORY question.

1. Keisha and Tyrone are 16-year-old students and next-door neighbours. At midnight, Keisha
is studying while Tyrone is listening to dancehall music, which he is playing loudly on his new
expensive set.

After putting up with the loud music for over three hours, Keisha goes next door and knocks
on Tyrone' s door but gets no response. She goes to the back window from where she can see
Tyrone's set. Using a stick with which she thinks she can reach the knob to turn off the set, she
climbs up on a stone and tries to turn off the set. The set falls to the ground and is damaged.

At her trial for burglary and malicious damage to property, Keisha is handed over to her
principal who is a character witness for her, the magistrate telling the principal to give Keisha an
appropriate sentence, which he will accept.

(a) Explain whether or not the magistrate can sentence Keisha in the way he proposes.
[10 marks]

(b) There is a regulation under the Young Offender's Act by which the magistrate can
sentence a young offender to do community service at his or her school, under the
principal ' s supervision.

Would the magistrate be complying with that regulation, based on the facts described in
the passage above? Give reasons for your answer. [10marks]

(c) Advise Keisha of the courts which are available to her in the appeal process.
[10marks]

Total 30 marks

SECTIONB

Answer ONE question from EACH module.

MODULE 1: CARIBBEAN LEGAL SYSTEMS

Answer ONE question.

2. "There is too little agreement on what morality means for it to be a part of the law."
Discuss this statement, using relevant illustrations and case law. [25 marks]

3. Using relevant illustrations, di scuss the role and function of specialized courts.
[25 marks]

4. Evaluate the following statement:

"The advantages of the jury system outweigh the disadvantages." [25 marks]

GO ON TO THE NEXT PAGE

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MODULE 2: PRINCIPLES OF PUBLIC LAW

Answer ONE question.

5. Fiadjoe posits that in West Indian public law, the rule of law has come to mean the exercise of
state power according to law and the subjugation of state power to the Constitution.

Discuss Professor Fiadjoe' s view on the rule of law as it relates to the accountability of those
who are vested with public responsibilities. [25 marks]

6. Mrs Gopthal is a senior director in the Ministry of Finance. Her political sympathies are well
known as she speaks openly of them. During the last elections in Acaba, a Commonwealth
Caribbean state, she was often seen at political meetings and in party colours. There is a change
of government and Mrs Gopthal receives a letter two weeks later. The letter is sent under the
signature of the Permanent Secretary and states in part, as follows:

"By order of the Minister I am to advise that a decision has been taken that you should
proceed on pre-retirement leave. While this decision is not to be interpreted as a disciplinary
measure, we also advise that it has come to the Minister's attention that during the last elections
you engaged in conduct unbecoming a public officer."

S upporting your answer with decided cases, discuss the decision to send Mrs Gopthal on early
retirement, and the redress available to Mrs Gopthal unde r the Constitution.
[25 marks]

7. Mr Lawrence is a passionate anti-colonialist who studied law in England in the 1950s. In a letter
to the editor of a daily newspaper, he writes:

"I am alarmed that after over 40 years of indepe nde nce, beginning with Jamaica and Trinidad and
Tobago in 1962, I read a recent article about the application of conventions to our written
constitutions. Written constitutions and conventions are incompatible with each other."

Evaluate Mr Lawrence' s view that conventions are incompatible with the written constitutions
of the Commonwealth Caribbean. [25 marks]

GO ON TO THE NEXT PAGE

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MODULE 3: CRIMINAL LAW

Answer ONE question.

8. Dick and his friend Ronald are coming home from a visit to one of their company's offices
in the country. They are in Dick's car but Ronald is d riving. They stop at a bar and have a few
drinks. Ronald is known to make off-colour jokes, especially when he is drunk. He says to Dick,
"Man, I hear yuh wife soon leave yuh for the young boy next door."

Dick, who is indeed having a problem w ith his wife, arising from his obsessive jealousy,
says to Ronald, "Yuh better leave my wife out of this !" Ronald continues to goad Dick who
hits him with a beer bottle, cutting him on the forehead. Dick then runs to his car and gets a
cutlass with which he chops Ronald, severing an arm. Ronald dies a few days later in hospital.

Dick is arrested and says to the police, "I just lost it when he mentioned my wife. I didn't
know w hat happened . Ronald was my best frie nd."

With reference to relevant cases, discuss the defences available to Dick. [25 marks]

9. (a) "The law of incest should extend to step-children as well; the essence of our fam ily
structure in the Caribbean depends on it."

Present a well-reasoned di scussion on the law of incest in relation to this view.

[10 marks]

(b) Bomber has sexual inte rcourse with his 15-year-old step-daughter, Monique. Monique
becomes pregnant and, after much prodding from her mother, Monique indicates
that Bomber had been having regular sexual intercourse with her, since he did so
forcibly over a year ago. When confronted, Bomber says, "What's the fuss? I wasn't
the fi rst man anyway and she's not my c hild." Discuss Bomber's criminal liabi lity, if
any, supporting your answer with well-reasoned arguments and reference to case law.
[15 marks]

Total 25 marks

10. "Strict liability offences are statutory and it is a question of interpretation whether a particu lar
offence requires mens rea or not."

Discuss this statement with refere nce to relevant case law. [25 marks]

ENDOFTEST

02 131 020/CAPE 2005