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Strict Liability - Introduction to Criminal Law - Past Exam, Exams of Criminal Law

Strict Liability, Deliberate Attempt, Agency of Law, Private Morality, Brief and Crude Terms, Provision Reflects Common Law, Criminal Responsibility, Present Law in Relation. This past exam is for Introduction to Criminal Law course.

Typology: Exams

2011/2012

Uploaded on 12/10/2012

satishi
satishi 🇮🇳

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THE UNIVERSITY OF THE WEST INDIES
EXAMINATIONS OF
JULY
2009
CODE AND NAME OF COURSE
: LAW1110 - CRIMINAL LAW I
DATE AND TIME
:
DURATION
: 2 HOURS
INSTRUCTIONS TO CANDIDATES
: This paper has 2 pages and 6 questions.
Answer
THREE
(3) questions
. Answers may be confined to the law of any jurisdiction in the
Commonwealth Caribbean unless the context indicates otherwise.
1.
"Unless a deliberate attempt is to be made by society, acting through the agency of the law, to
equate the sphere of crime with that of sin, there must remain a realm of private morality and
immorality which is, in brief and crude terms, not the law's business
."
Discuss.
2.
Section 71 of the St
. Lucia Criminal Code, 1992 provides
:-
"If a person does an act voluntarily,
believing that it will probably cause or contribute to
cause an event, he intends to cause that event
within the meaning of this Code although he
does not do the act for the purpose of causing or contributing to cause that event
."
With reference to decided cases, assess the extent to which this provision reflects the common law.
3.
Answer
BOTH
(a) AND (b)
(i)
Ron shoots at Gregory intending to kill him
. The bullet misses Gregory but kills Edgar.
Assess Ron's criminal responsibility in respect of Gregory and Edgar.
AND
(ii)
Outline the various criteria employed by the courts in determining that a statute imposes
strict liability
.
PLEASE TURN OVER
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THE UNIVERSITY OF THE WEST INDIES

EXAMINATIONS OF JULY 2009

CODE AND NAME OF COURSE : LAW1110 - CRIMINAL LAW I

DATE AND TIME : DURATION : 2 HOURS

INSTRUCTIONS TO CANDIDATES : This paper has 2 pages and 6 questions.

Answer THREE (3) questions. Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise.

  1. "Unless a deliberate attempt is to be made by society, acting through the agency of the law, to equate the sphere of crime with that of sin, there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law's business ."

Discuss.

  1. Section 71 of the St. Lucia Criminal Code, 1992 provides :-

"If a person does an act voluntarily, believing that it will probably cause or contribute to cause an event, he intends to cause that event within the meaning of this Code although he does not do the act for the purpose of causing or contributing to cause that event ."

With reference to decided cases, assess the extent to which this provision reflects the common law.

  1. Answer BOTH (a) AND (b)

(i) Ron shoots at Gregory intending to kill him. The bullet misses Gregory but kills Edgar.

Assess Ron's criminal responsibility in respect of Gregory and Edgar.

AND

(ii) Outline the various criteria employed by the courts in determining that a statute imposes strict liability.

PLEASE TURN OVER

Page 2

  1. Outline the present law in relation to foreseen and unforeseen consequences in relation to secondary party responsibility.
  2. Explore the variety of situations which the courts have faced which have raised problems of causation in the Criminal Law, and how these problems have been resolved.
  3. Ambrose and Silas engaged in a fist fight in which Silas suffered severe bodily injury. Ambrose consults you about the following defences he might raise:

(i) Silas' .injuries were caused by accident; (ii) he (Ambrose) had acted in self-defence; (iii) he (Ambrose) was intoxicated and did not know what he was doing.

END OF PAPER