LLB Criminal Law - 2024 Paper 2

Alex is a bouncer at a nightclub. One evening, Chris, who is heavily intoxicated, attempts to enter the club. Alex refuses entry and Chris becomes abusive, shouting threats and swinging his fists at Alex. Alex pushes Chris away, causing Chris to fall backwards and hit his head on the pavement. Chris suffers a thin skull and the impact causes a fatal brain haemorrhage. Alex then notices Chris's friend, Ben, reaching into his jacket pocket. Alex, believing Ben is reaching for a knife, punches Ben hard in the face, breaking his nose and jaw. It transpires that Ben was merely reaching for his phone to call an ambulance. Alex weighs 100kg and Ben weighs 65kg. Discuss Alex's criminal liability and any defences available to him.

The defence of duress is too restrictively applied in English criminal law. Critically evaluate this statement with reference to the requirements of the defence and its unavailability for murder. Consider R v Hasan [2005], R v Howe [1987], and R v Gotts [1992].

Priya enters a supermarket intending to steal food for her children who have not eaten for two days. She places items worth £45 in her bag but is spotted by a security guard, Tom. As Tom approaches, Priya pushes a shopping trolley into his path, causing Tom to trip and break his wrist. Priya runs to the exit where she encounters the store manager, Una. Priya threatens Una with a broken bottle she picks up from a recycling bin near the door, saying "Get out of my way or I'll cut you." Una moves aside and Priya escapes with the goods. Later that evening, Priya's neighbour, Victor, offers to buy the stolen food from Priya for £20, knowing it is stolen. Priya agrees. Discuss the criminal liability of Priya and Victor.

Critically assess the defence of insanity as defined in the M'Naghten Rules [1843]. To what extent is the law on insanity outdated and in need of reform? Consider the overlap with automatism, the Law Commission's 2013 Discussion Paper, and the implications of R v Loake [2017].

Kevin and Lisa plan to burgle a warehouse they believe contains valuable electronics. Kevin forces open a window and enters the warehouse at 2am. Once inside, Kevin discovers the warehouse is being used as a temporary homeless shelter. Kevin finds a laptop belonging to one of the shelter residents and takes it. Lisa, who is waiting outside as a lookout, receives a text from Kevin saying "Nothing here, going upstairs." Lisa decides to leave and drives home. Upstairs, Kevin encounters Mark, a shelter volunteer. Startled, Kevin pushes Mark down a staircase, causing Mark a broken collarbone. Kevin then finds a locked office and forces it open, taking £500 from a cash box inside. Advise on the criminal liability of Kevin and Lisa.