12 January 2016
Level 3
CRIMINAL LAW
Subject Code L3–3
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 3 – CRIMINAL LAW*
Time allowed: 1 hour and 30 minutes plus 15 minutes’ reading time
Instructions to Candidates

You have FIFTEEN minutes to read through this question paper before the start of
the examination.

It is strongly recommended that you use the reading time to read this
question paper fully. However, you may make notes on this question paper or in
your answer booklet during this time, if you wish.

This question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios from Section B ONLY.

Write in full sentences – a yes or no answer will earn no marks.

Candidates must comply with the CILEx Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates

The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.

Write in blue or black ink or ballpoint pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not
want marked.
Do not turn over this page until instructed by the Invigilator.
*
This unit is a component of the following CILEx qualifications: LEVEL 3 CERTIFICATE IN LAW AND
PRACTICE and LEVEL 3 PROFESSIONAL DIPLOMA IN LAW AND PRACTICE
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SECTION A
(Answer ALL questions in Section A)
1.
Define the mens rea of murder.
(2 marks)
2.
Define the mens rea of aggravated criminal damage.
3.
Explain the requirement for the actus reus and mens rea to coincide.
(4 marks)
(3 marks)
4.
Identify the four elements required to establish the partial defence of
diminished responsibility under s.52 Coroners and Justice Act 2009.
(4 marks)
5.
Identify the three elements the prosecution will need to prove for the
offence of constructive manslaughter.
(3 marks)
6.
Define the actus reus of theft.
7.
Identify the three situations defined in s.2(1) Theft Act 1968 where a
defendant’s acts are not regarded as dishonest.
(3 marks)
8.
Define the actus reus of criminal attempt.
9.
Identify any three requirements to establish the defence of mistake.
(3 marks)
(2 marks)
(3 marks)
10. Identify any three areas of activity regulated by strict liability.
(3 marks)
(Total Marks for Section A: 30 marks)
Turn over
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SECTION B
(There are three scenarios in Section B. Answer the questions relating to
ONE of the scenarios ONLY)
Scenario 1
Sam and Cheng were friends. Sam knew that in the past Cheng had committed
criminal and violent acts when he did not get what he wanted. One day, Cheng
asked if Sam would lend him a large sum of money. Sam said he had no money.
Cheng replied, ‘You’d better find some quickly or that lovely girlfriend of yours
will lose her good looks forever’. Sam could not bear the thought of his girlfriend
being hurt, so he decided to steal the money from his employer.
Sam worked in the office of a construction company and he knew that, on pay
day, the firm’s Wages Clerk often left the employees’ wage packets on her desk
when she went for lunch. The next day was pay day and Sam entered the wages
room at lunchtime intending to take the wage packets. As Sam was walking
towards the Wages Clerk’s desk, he heard someone approaching the wages room
and he quickly left and ran out of the building towards town.
While running, Sam tripped over a brick which had fallen from a low garden wall
onto the pavement. In anger, Sam picked up the brick and threw it over the
garden wall. The brick smashed a large garden ornament.
Further down the road, Sam saw a box which had been left outside the door of a
charity shop. Sam took the box, hoping it contained something valuable to sell so
he could give the money to Cheng. The box contained old hats being donated to
the charity shop.
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Scenario 1 Questions
1. In relation to the wages room:
(a)
describe the offence with which Sam might be charged;
(b)
explain how the elements of the offence apply to Sam;
(c)
explain any defence which Sam may have;
(6 marks)
(4 marks)
(6 marks)
(d)
explain whether or not this defence is likely to be successful.
(4 marks)
(Total: 20 marks)
2. In relation to the smashed ornament:
(a)
describe the offence with which Sam might be charged;
(b)
explain how the elements of the offence apply to Sam.
(6 marks)
(4 marks)
(Total: 10 marks)
3. In relation to the box of old hats:
(a)
describe the offence with which Sam might be charged;
(6 marks)
(b)
explain how the elements of the offence apply to Sam.
(4 marks)
(Total: 10 marks)
(Total Marks for Scenario 1: 40 marks)
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Page 5 of 12
Scenario 2
Harry runs a licensed money-lending business. One of Harry’s clients, Jane, is in
considerable debt to Harry and she has not paid Harry any money for several
months.
Jane knows that Harry finds her attractive. She uses this to her advantage by
emailing Harry to say that she cannot afford to repay her debt and, if she did not
have to worry about the debt, she would like to become close friends with Harry.
When Harry reads the email, he decides to tear up Jane’s loan agreement and he
goes to Jane’s house to ask her to go out with him.
When Harry arrives at Jane’s house, he sees her drinking expensive champagne
and showing no signs of having financial difficulties. Jane laughs at Harry,
mocking him for being easily fooled and telling him she would never go out with
anyone like him. Harry, who has an extremely quick temper, starts shouting at
Jane.
On hearing raised voices, Fred, Jane’s elderly and very frail father, comes into
the room. However, seeing Fred does not stop Harry smashing a champagne
glass against a table and jabbing the broken glass into Jane’s arm. The glass
severs an artery in Jane’s arm and she bleeds to death within minutes.
Fred is so traumatised by Harry’s attack on Jane that he has a heart attack and
is taken to hospital.
Fred’s condition is serious but he is expected to recover. The duty doctor, Gwen,
decides to give Fred a drug to help his recovery. Gwen is tired after a busy 12hour shift at the hospital. She gives Fred a massive overdose of the drug, which
causes severe complications and Fred dies.
Page 6 of 12
Scenario 2 Questions
1. In relation to Jane’s death:
(a)
describe the offence with which Harry might be charged;
(b)
explain how the elements of the offence apply to Harry;
(5 marks)
(5 marks)
(c)
describe any partial defence which Harry may have;
(8 marks)
(d)
explain whether or not this defence is likely to be successful.
(2 marks)
(Total: 20 marks)
2. In relation to Fred’s death:
(a)
describe the offence with which Harry might be charged;
(b)
explain how the elements of the offence apply to Harry;
(c)
describe what the prosecution will need to establish to prove that
Harry has caused Fred’s death;
(5 marks)
(d)
explain whether Harry has caused Fred’s death.
(6 marks)
(4 marks)
(5 marks)
(Total: 20 marks)
(Total Marks for Scenario 2: 40 marks)
Turn over
Page 7 of 12
Scenario 3
Martin and his girlfriend, Shamina, agree to meet in the evening in a bar in town.
On the way to the bar, Martin sees some wild flowers growing by the roadside.
He picks the flowers to give to Shamina as a present.
When Martin arrives at the bar, he is annoyed to find that Patrick, an exboyfriend of Shamina’s, is the new barman.
During the evening, Martin drinks several pints of beer and Shamina drinks
several vodkas. When Martin is at the bar ordering more drinks, an argument
starts between Martin and Patrick about Shamina. It causes such a disturbance
that both Martin and Shamina are asked to leave the bar.
Shamina is annoyed with Patrick for spoiling her evening out with Martin. She
recognises Patrick’s motorbike, which is parked outside the bar. She picks up a
broken bottle and sticks it into the front tyre of Patrick’s motorbike, causing a
small cut in the tyre. Shamina knows that this will cause the air to gradually leak
out of the tyre, making the motorbike very difficult to steer.
The next day, Patrick sees Martin in town. Patrick is convinced that it was Martin
who cut his motorbike tyre. He goes up to Martin and hits him in the face. Martin
is frightened that Patrick will cause him serious harm, so he punches Patrick.
Patrick falls to the ground and Martin then repeatedly bangs Patrick’s head
against the pavement. Patrick is taken to hospital with serious injuries.
Page 8 of 12
Scenario 3 Questions
1. In relation to the wild flowers:
(a)
describe the meaning of ‘property’ under the Theft Act 1968;
(5 marks)
(b)
explain whether the flowers picked by Martin are ‘property’.
(3 marks)
(Total: 8 marks)
2. In relation to Shamina making a cut in the motorbike tyre:
(a)
describe the offence with which Shamina might be charged;
(6 marks)
(b)
explain how the elements of the offence apply to Shamina;
(4 marks)
(c)
describe any defence Shamina may have;
(d)
explain whether or not this defence is likely to be successful.
(4 marks)
(Total: 22 marks)
(8 marks)
3. In relation to Patrick’s injuries:
(a)
describe any defence Martin might have;
(5 marks)
(b)
explain whether or not this defence is likely to be successful.
(5 marks)
(Total: 10 marks)
(Total Marks for Scenario 3: 40 marks)
End of Examination Paper
© 2016 The Chartered Institute of Legal Executives
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