MOCK EXAMINATIONS 2021-PNK

UNIVERSITY OF LONDON

LLB

CERTIFICATE IN HIGHER EDUCATION

ALL SCHEMES AND ROUTES

BsC DEGREES WITH LAW

CRIMINAL LAW

MONDAY 4TH MAY 2021

12:00 PM- 5:00 PM

Candidates will have FOURS HOURS IN WHICH TO TYPE THE EXAM.

Candidates should answer FOUR of the following SIX questions.

Candidates should answer all parts of a question unless otherwise stated.

 PART A

1. Jade Price works as an administrator for an international company, Fabco Ltd. She has
been working very long hours recently and has not been paid overtime. In need of a break
one day, she calls a chauffeur service with whom Fabco have an account and books a car
to take her to a five-star hotel in London. She gives them the name “J Price”. The Fabco
account is in fact for the sole use of the Managing Director, Jocasta Pryce. The fare for the
car is charged to the company account. As she arrives at the hotel, she is asked to fill in a
registration form on an electronic tablet. She signs in as “J. Pryce” and asks the hotel to
charge the bill to Fabco Ltd. She is then handed a key to the executive suite.

Jade heads straight to the Spa salon, and when the assistant Petra sees her wearing a
Fabco name badge with “J. Price” written on it, she assumes it is Jocasta who she has
heard is a regular customer. She offers her a 50% discount on their most expensive
treatments to thank her for her customer loyalty. Jade has the treatments and asks Petra to
charge the fee to her hotel bill. She also tells Petra, “I have a lot of very influential friends
in business and could be a good advert for your skincare range.” As a result of this Petra
hands her a number of pots of skin care products valued at £500 for no charge.

Jade spends one night at the hotel and packs a bathrobe and a bottle of champagne from
the room in her bag before she leaves.

(a) If you were a prosecutor, what would your preferred charge be in relation to Jade
Price giving her name as J Price?

(b) Give reasons for your choice in (a) including an explanation as to why you chose as
you did rather than choosing a different charge.

(c) If you were Jade’s defence counsel, what arguments would you raise in response to
the charge in (a)?

(d) If you were a prosecutor, what would your preferred charge be in relation to Jade’s
signature on the e-tablet?

(e) Give reasons for your choice in (d) including an explanation as to why you chose as
you did rather than a different charge.

(f) If you were Jade’s defence counsel, what arguments would you raise in response to
the charge in (d)?
 (g) If you were a prosecutor, what would your preferred charge be in relation to the
expensive treatment from the Spa?

(h) Give reasons for your choice in (g).

(i) If you were a prosecutor, what would your preferred charge be in relation to Jade
taking the number of free skincare products?

(j) Give reasons for your choice in (i).

(k) If you were a prosecutor, what would your preferred charge be in relation to Jade
taking the bathrobe and the bottle of champagne from the hotel?

(l) As Jade’s defence counsel what would be your ultimate argument to try to negate her
liability.

Part B

1. Roxanne asks her partner, Sameet, a tattoo artist, to permanently tattoo onto her forehead
‘police are scumbags’. He refuses at first but then does so reluctantly when Roxanne
threatens to end the relationship. Roxanne‘s father, Imran, is furious when he sees the
tattoo. Imran confronts Sameet and challenges him to a fight.

Sameet agrees. Because he feels so guilty about what he has done, he makes no attempt
to defend himself and allows Imran to punch him repeatedly. This results in Imran
knocking Sameet over, causing him to fracture his skull.

The police are called and try to arrest Imran. Imran pushes Gilou, one of the police
officers, in the chest in an attempt to get away. In an effort to save himself from falling,
Gilou stretches out his arm which goes through a shop window resulting in a serious cut.
Advise.

2. Alice has been married for 20 years. Her husband, Nate, has consistently bullied her. He
refuses to allow her to take paid employment, to go out with her friends or to take driving
lessons. He also belittles her in company and gives her only a tiny housekeeping
allowance saying that he cannot afford more. Alice discovers that Nate has a secret bank
account containing £100,000 and that he pays a monthly allowance of £1,000 to a secret
lover. She is outraged and, when Nate takes his bath an hour later, she connects an
 electric fire to an extension lead, enters the bathroom and throws the electric fire into the
bath, electrocuting him and resulting in his death.

Discuss whether Alice may be able to raise the defence of loss of self-control and
evaluate the applicable law.

3. Critically evaluate the issue of consent as it affects the criminal law in TWO of the
following areas:
(a) non-fatal offences against the person;
(b) rape;
(c) theft.

4. Dolores returns to the car park where she has left her car to find that it is boxed in by cars
on either side. She can only enter her car by opening the driver’s door and squeezing
inside. She realises this creates a risk of denting the red car parked to right of her car but
thinks that so long as she is particularly careful when getting into the car any damage will
be avoided. Dolores is wrong and the red car is dented. The red car to the right and the
blue car to the left are parked so close to Dolores’s car that she cannot reverse out of the
space without risking damage to one of the cars. She decides to take that risk. Despite
taking as much care as possible, Dolores breaks the wing mirror of the blue car. Without
thinking, Dolores opens the door of her car without checking her mirror, intending to
inspect the damage. The door hits a cyclist, Valma, causing damage to the cycle and
serious injury to Valma.
Discuss Dolores’s possible criminal liability

5. EITHER
(a) Explain and critically evaluate the law of constructive manslaughter giving suggestions
for reform.
OR
(b) ‘By Sections 74-76 of the Sexual Offences Act 2003 the thorny problem of reconciling
the rights and interests of complainant and defendant has been largely overcome.’
Discuss.