CRIMINAL LAW SAMPLE EXAM PAPER 4

1.Saunders wished to kill his wife so that he could marry another woman.He explained his plans to Archer who advised him to kill her by administering poison.Archer bought the poison and gave it to Saunders to give to his wife.Saunders mixed the poison with two pieces of roasted apples and gave it to his wife.After tasting it,the wife handed rest of the apples to Eleanor,their three year old daughter.Saunders,on seeing this merely said,"apples were not good for such infants",but when his wife persisted he simply watched his daughter die of poison while the wife survived.

What is the liability of Saunders and Archer?Are there any defenses available to them?
(30 marks)

2.a)The defendants were blackmailed by Victor over a period of one year.They gave in to his demands but concoted a plan to kill him on October 10th and carried out the killing on October 14th.Is the defense of provocation available to them?Discuss issues pertaining to self-induced provocation. (10 marks)

b)Bett prepared a syringe of heroin and presented it to Mary.Mary acting freely and voluntarily injected herself and died as a result.Bett was charged and convicted for manslaughter.He appealed against his conviction for manslaughter.Can he succeed?
(10 marks)

3.Consent is at the heart of offence of rape.The issue whether there was consent or whether the accused believed there was consent,forms a key issue in majority of rape cases.Explain (20 marks)

4.a)Is assault an attempted battery?Distinguish between an assault and battery.
(10 marks)
b)Can consent to contact prevent liability for assault? (10 marks)

5.Write short notes on any two: (10 marks each)
a)Incitement

b)Recklessness

c)Insanity

d)Theft

No comments:

Post a Comment