Durham BA: Criminal Law Paper

Archie, a chef, becomes furious when his colleague Brett repeatedly mocks his cooking in front of customers. One evening, Archie grabs a heavy pan and strikes Brett twice on the head. Brett falls unconscious and is taken to hospital. Due to a previously undetected thin skull, Brett suffers a fatal brain haemorrhage and dies three days later. Archie claims he only intended to 'teach Brett a lesson' and never foresaw death or serious harm. Separately, Archie's apprentice, Cleo, watches the attack and, fearing Archie will turn on her, pushes a trolley into Archie's path as he walks away, causing him to trip and fracture his wrist. Advise Archie and Cleo as to their criminal liability. [25 marks]

Diana, who suffers from severe clinical depression, discovers that her long-term partner Evan has been secretly draining her bank account over five years, leaving her destitute. Upon confrontation, Evan laughs and says, 'You're pathetic — you'll never do anything about it.' Diana, in a sudden rage, picks up a kitchen knife and stabs Evan once in the chest. Evan dies en route to hospital. Diana is charged with murder. She wishes to raise the defences of loss of control and diminished responsibility. Advise Diana fully as to both partial defences and their prospects of success. [25 marks]

Felix and Greta agree to break into a jewellery warehouse at night and steal valuable rings. Felix acts as lookout outside while Greta enters the building through a skylight. Inside, Greta encounters a security guard, Harry. Panicking, Greta strikes Harry with a torch she finds on the premises, causing him serious injuries. Felix, outside, hears Harry cry out but does nothing. Harry later dies from his injuries. Felix maintains he only agreed to theft and never contemplated any violence. Advise Felix and Greta as to their liability for (a) burglary, (b) the death of Harry, and (c) consider whether Felix has any defence based on his lack of contemplation of violence. [25 marks]

Critically evaluate the development of the law on oblique intention in England and Wales. To what extent does the current direction in R v Woollin [1999] 1 AC 82 provide a satisfactory basis for distinguishing intention from recklessness in murder? [25 marks]

Critically assess the extent to which the defence of consent in English criminal law adequately balances individual autonomy against the public interest in preventing harm, with particular reference to the offences against the person. [25 marks]