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Men Rea of Murder - Introduction to Criminal Law - Past Exam, Exams of Criminal Law

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

2011/2012

Uploaded on 12/10/2012

satishi
satishi 🇮🇳

3.3

(11)

257 documents

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THE UNIVERSITY OF THE WEST INDIES

EXAMINATIONS OF JULY^2007

CODE AND NAME OF COURSE: LAWI120 - CRIMINAL LAW II

DATE AND TIME: DURATION: 2 HOURS

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.

  1. Discuss ANY TWO (2) of the following:

(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.

  1. "The law in relation to the^ mens rea of murder is confused, confusing, misleading and illogical."

Discuss.

  1. The Court of Appeal of St. Gregory, a Commonwealth Caribbean State, has before it an appeal which raises questions of provocation.

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.

PLEASE TURN OVER

The University of the West Indies

Page 2

  1. "The concept of `battered woman syndrome' sits more easily with the defence of diminished responsibility than with the defence of provocation."

Discuss.

  1. What offences, if any, has Bill committed in the following cases?

(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.

  1. Answer BOTH (a) AND (b)

(i) With reference to decided cases, consider how the courts have interpreted the concept of EITHER appropriation' in Theft ORtaking 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.

END OF PAPER