Criminal law

LL B CRIMINAL LAW COURSEWORK Law School 1 OF 2 LLB CRIMINAL LAW LEVEL 4 G3 SEMESTER COURSEWORK QUESTION LLB (Hons) Programmes Deadlin" rel="nofollow">ine: Tuesday 16 August 2016, 2.00 p.m. Maximum word limit: 2,500 Candidates must answer both questions and submit them in" rel="nofollow">in one document . You should use legal authorities (especially cases and legislation) to support your answers throughout. Candidates are expected to adhere to the word limit for each part of the answer. No unused words from one part are to be used in" rel="nofollow">in the other part. Question 1 Word lim it: 1,250 The commission of a crim in" rel="nofollow">inal offence usually requires a positive act. Further, Lord Dennin" rel="nofollow">ing in" rel="nofollow">in Bratty v Attorney - Gene ral of Northern Ireland [1963] AC 386 (HL) stated “ the requirement that it should be a voluntary act is essential...in" rel="nofollow">in every crimin" rel="nofollow">in al case . ” However, there are many exceptions to this legal “ rule ”. S ome commentators, suggest that there are so many exceptions to the “rule”, that it is , to some extent, a fiction. Explain" rel="nofollow">in the term ‘ omission ’ and e valuate the above statement usin" rel="nofollow">ing decided cases and academic opin" rel="nofollow">inion. In your answer, outlin" rel="nofollow">ine the arguments for and again" rel="nofollow">inst imposin" rel="nofollow">ing crimin" rel="nofollow">inal liability for omissions. AND Question 2 Word limit: 1,250 Tom and Jerry , his wife, own a farm . B usin" rel="nofollow">iness has been bad lately and they are strugglin" rel="nofollow">ing fin" rel="nofollow">inancially. One day Jerry suggests that they should refurbish a barn on their land to expand the busin" rel="nofollow">iness. Tom is furious and says to Jerry ; “You can forget it, we don’t have the money , it would be b etter to burn it down .” Tom leaves to go to the wholesalers to buy animal food. Jerry set s fire to the barn, believin" rel="nofollow">ing that is what Tom wants her to do . On arrivin" rel="nofollow">ing home, Tom sees the fire and Jerry standin" rel="nofollow">ing nearby, smilin" rel="nofollow">ing . Tom runs in" rel="nofollow">into the ir house, picks up Jerry’ s favourite chin" rel="nofollow">ina plates and says to her , “ What have you done? I am goin" rel="nofollow">ing to smash these to pieces ! ” LL B CRIMINAL LAW COURSEWORK Law School 2 OF 2 Je rry, in" rel="nofollow">infuriated, grabs a spade and ru ns towards where Tom has parked his truck , holds the spade over the truck and says ; “go on then, I dare you”. Tom puts the chin" rel="nofollow">ina plates back on the table. Jerry starts cryin" rel="nofollow">ing and d rops the spade . Later, Emma, their employee, arrives for work. Tom and Jerry tell Emma that they cannot afford to employ her any more. Emma is angry and bitter at the news. Emma goes in" rel="nofollow">into the garage, fi nds a pair of cable cutters and when no - one is lookin" rel="nofollow">ing, cuts the brake cable on Tom’s truck . Tom is goin" rel="nofollow">ing to be drivin" rel="nofollow">ing the truck to the farmers market later that day. Advise the parties as to t he i r crimin" rel="nofollow">inal liability for crimin" rel="nofollow">inal damage, if any. OSCOLA footnote style referencin" rel="nofollow">ing. Double spaced. Font size 12 Arial. Microsoft word document. Blank margin" rel="nofollow">in one in" rel="nofollow">inch on both sides of each page. Maximum 2,500 words.