You must complete TWO questions: ONE from Part A and ONE from Part B. There is no specific word limit for each question, but each question is worth 50%, so you should try to split the word count roughly equally between the two questions.
PART A
1.Legal persons cannot meaningfully form subjective mens rea. It follows that corporate liability should never be extended beyond crimes of strict liability.Critically discuss this claim.
2.Ordinary offences (especially inchoate offences) are perfectly capable of capturing actions capable of supporting terrorism. There is no need for any specialist terrorism offences to keep us safe from the threat of global terror (such as it is).Critically discuss this claim.
3.Although it leads to curious naming of defences, the distinction between hypoglycaemia and hyperglycaemia in cases like Quick[1973] QB 910 and Hennessy(1989) 89 Cr App R 10 leads to a reasonably workable legal situation. There are insufficient grounds for reform.Critically discuss this claim.
PART B4.Barry, Harry, and Larry are a team involved in a bowling league. They have a match against their mainrivals, Ed, Ned, and Ted. Barry has a particular vendetta against Ed, whomBarry suspects of sleeping with his wife.
He knows that Ted is a recovering alcoholic whosuffersserious mood swings when he drinks. When Barry’s team starts to lose, Barrysecretly pourswhisky into Ted’s lemonade. He intends for Ted’s team to lose, but also would be happy for an excuse to attack Ed. Ted begins to play extremely poorly, and orders several more alcoholic drinks over the course of the evening. Ted then gets into a vicious argument with Harry over a perceived infraction of the rules.
Ted and Harry start scuffling, and the two teams are drawn into a full-on brawl, which ends up with the two teams grabbing bowling pins as makeshift weapons.Once Ted is sober enough to testify he remembers getting angry but cannot recall against whom or why
.Discuss the criminal liability of:a)Barry;b)Harry, Larry, Ed, and Ned; andc)Ted.
5.Katrina and her best friend Sofia are students studying for a module taught by Professor Caroline Chandler. Katrina and Sofia are both finding the subject hard, and ask Prof Chandler for extra help. Prof Chandler agrees to lend them some textbooks that they may find helpful in doing further reading for the exam.After completing the reading, Sofia is feeling much more confident. She agrees to return the textbooks on hers and Katrina’s behalf.
On the way back to Prof Chandler’s office, however, she drops the books, and notices a sealed envelope marked “Caroline”. She recognises the handwriting as Katrina’s. Feeling the envelope, it seems bulky, as though it was filled with many rectangular pieces of paper. Sofia thinks that they might be banknotes, or perhaps photographs –it is difficult to tell through the envelope. However, although she thinks it is a little odd for Katrina to be sending a note like this, Sofia decides that it is not really any of her business what is in the envelope. She places the envelope back into the textbook and returns the text to Prof Chandler.
At the end of term, another student, Rosa, gives Prof Chandler an expensive box of chocolates as a thank-you present for her tutorials, which Rosa found very helpful in exploring the subject.After the exam season is over, Katrina, Sofia, and Rosa have each received a mark of ‘67’, far higher than any of them had been expecting for such a tough module. It later transpires that Prof Chandler had been receiving money to inflate her grades, and she admits to receiving several cheques from Katrina in the envelope that Sofia delivered.Discuss the criminal liability of Katrina,Sofia, Rosa, and Prof Chandler.
PART B CONTINUES OVERLEAF
6.Barclay and Lloyd are investment bankers who have committed a fraud by abusing their position within the bank. They have skimmed money from the tops of several investment funds, resulting in a loss of between 5p and £50 per investor but a total profit of £4 million, which they split evenly between them.Barclay takes his £2 million and moves it into his private account.
This is detected by Santos, who is an account manager at the bank. Santos thinks it is odd that such a large sum should suddenly appear in Barclay’s accounts, and intends to make an authorised disclosure regarding his suspicions, but receives a sudden call from his wife, who reports that his beloved pet dog has died. Santos loses track of the issue as a result of the grief.Lloyd moves half of his money (i.e. £1 million) into his wife Moira’s private savings account.
Moira is in the habit of automatically approving any transactions from her accounts involving Lloyd, and does so in this instance without really thinking about it. Lloyd uses the other £1 million to purchase a house value dat £750,000 from his golfing buddy, Cooper. Cooper then agrees to pay Lloyd £250,050 for a chair worth £50.
Discuss the criminal liability of Barclay, Cooper, Lloyd, Moira, and Santos. You are entitled to assume that Barclay and Lloyd have committed fraud under ss. 1 and 4 of the Fraud Act 2006.