Criminal law

LL B CRIMINAL LAW COURSEWORK Law School 1 OF 2 LLB CRIMINAL LAW LEVEL 4 G3 SEMESTER COURSEWORK QUESTION LLB (Hons) Programmes Deadline: Tuesday 16 August 2016, 2.00 p.m. Maximum word limit: 2,500 Candidates must answer both questions and submit them 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 the other part. Question 1 Word lim it: 1,250 The commission of a crim inal offence usually requires a positive act. Further, Lord Denning 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 every crimin 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 the term ‘ omission ’ and e valuate the above statement using decided cases and academic opinion. In your answer, outline the arguments for and against imposing criminal liability for omissions. AND Question 2 Word limit: 1,250 Tom and Jerry , his wife, own a farm . B usiness has been bad lately and they are struggling financially. One day Jerry suggests that they should refurbish a barn on their land to expand the business. 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, believing that is what Tom wants her to do . On arriving home, Tom sees the fire and Jerry standing nearby, smiling . Tom runs into the ir house, picks up Jerry’ s favourite china plates and says to her , “ What have you done? I am going to smash these to pieces ! ” LL B CRIMINAL LAW COURSEWORK Law School 2 OF 2 Je rry, 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 china plates back on the table. Jerry starts crying 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 into the garage, fi nds a pair of cable cutters and when no - one is looking, cuts the brake cable on Tom’s truck . Tom is going to be driving the truck to the farmers market later that day. Advise the parties as to t he i r criminal liability for criminal damage, if any. OSCOLA footnote style referencing. Double spaced. Font size 12 Arial. Microsoft word document. Blank margin one inch on both sides of each page. Maximum 2,500 words.