LLB Criminal Law - Practice Paper 2

The distinction between murder and manslaughter is one of the most important in criminal law, yet the boundary between the two offences remains unclear. Critically discuss this statement with reference to the mens rea of murder, the partial defences of loss of control and diminished responsibility, and proposals for reform of homicide law.

Callum runs a dog breeding business from his farm. He keeps several large dogs in kennels. Despite previous complaints from neighbours, Callum fails to secure the kennel gates properly. One afternoon, two of his dogs escape and attack Derek, a jogger passing the farm. Derek suffers severe bite wounds to his arms and legs. Hearing Derek's screams, Callum's wife Fiona runs out with a shotgun. Fiona fires a warning shot into the air, but the pellets ricochet off a metal fence and strike Derek in the shoulder. Derek is hospitalised. In hospital, Derek develops a post-operative infection due to understaffing, which delays his recovery by six weeks. Derek's partner, Graham, who witnessed the initial dog attack from across the road, suffers a recognised psychiatric illness as a result. Discuss the criminal liability of Callum and Fiona.

Critically evaluate the current law on the actus reus of criminal offences, with particular reference to the principles of causation, omissions liability, and the distinction between acts and omissions. Is the law's reluctance to impose liability for omissions justified?

Lucy and Max are flatmates. Lucy borrows Max's car without permission to drive to a job interview, intending to return it within two hours. While driving, Lucy receives a text from Max saying "Don't bother coming back, I'm changing the locks." Lucy, furious, decides to keep the car and sells it to a second-hand dealer, Paul, for £3,000. Paul does not check the vehicle's registration documents. Max then discovers that Lucy has been using his Netflix account without permission for six months, running up charges of £60. Max goes to Lucy's room (she has not yet moved out) and takes Lucy's designer handbag worth £2,000 and her gold necklace worth £500, intending to hold them as security until Lucy returns the car. Advise on the criminal liability of Lucy, Paul, and Max.

Assess the effectiveness of the Serious Crime Act 2007 in reforming the law on encouraging and assisting crime. Has the Act improved upon the common law of incitement?