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Men Rea of Murder, Trial Judge, Provocation to Jury, Marital Exemption of Rape, Commonwealth Caribbean, Issue of Intention, Burden of Proving Provocation, Court of Appeal. This past exam is for Introduction to Criminal Law course.
Typology: Exams
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INSTRUCTIONS TO CANDIDATES: This paper has 2 pages and 6 questions.
Answer any THREE (3) questions. Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise.
(i) whether a trial judge is ever bound to leave provocation to the jury in circumstances where the accused pleads an alibi; (ii) whether the marital exemption of rape is the law in the Commonwealth Caribbean and, if it is, whether it should be abolished; (iii) the role, if any, of the `reasonable man' on the issue of intention in a murder case.
Discuss.
The Criminal Code of St. Gregory has detailed provisions on provocation which stipulate, for example, that the accused has the burden of proving provocation; that words do not generally constitute provocation; and that it is a matter of law for the trial judge to determine whether a reasonable man would, in like circumstances, have been provoked to retaliate as the accused did.
However, the legislature of St. Gregory has recently amended the Criminal Code to include a provision, section 118A, which in exact terms gives effect to section 3 of the Homicide Act 1957 in England.
Explore the effect which should be given by the Court of Appeal to the new section 118A in relation to the other Code provisions on provocation.
The University of the West Indies
Page 2
Discuss.
(i) He stands outside Wendy's bedroom window and observes her undressing causing fear to Wendy.
(ii) He says to Wendy, "If you don't stop crying, you won't live another day."
(iii) Meaning to frighten Wendy, he shakes his fist at her from the window of a bus as the bus begins to move off from a bus stop where Wendy is standing.
(iv) He makes numerous silent telephone calls to Wendy, who suffers severe depression as a result.
(i) With reference to decided cases, consider how the courts have interpreted the concept of EITHER appropriation' in Theft OR
taking and carrying away' in Larceny.
AND
(ii) D visited P's premises dishonestly claiming to be a haulage contractor. It was agreed that D should collect goods from three different warehouses. D collected the goods but then made off with them.
Discuss.