Durham BA: Criminal Law: Offences Exam Paper

Alice discovers that her boyfriend Ben has been having an affair. In a fit of rage, she picks up a kitchen knife and runs towards him shouting 'I'm going to kill you!' Ben ducks and runs upstairs. Alice throws the knife, which narrowly misses Ben but embeds in the wall. Later that evening, Alice puts rat poison in Ben's tea, intending to make him seriously ill so he cannot meet his lover. Ben drinks the tea but only suffers mild stomach upset as Alice miscalculated the dose. Discuss Alice's criminal liability.

The law of murder requires proof of intention to kill or cause grievous bodily harm. However, the courts have developed the concept of 'oblique intent' to catch defendants who foresee death as virtually certain. Critically analyse whether this development has created uncertainty in the law and whether reform is needed.

Dave, aged 45, meets Emma, who tells him she is 18 years old. Emma is actually 15 but looks older. They have sexual intercourse. Later, Dave discovers Emma's real age but continues the relationship for several months. Dave also supplies Emma with cannabis on multiple occasions, knowing she is under 18. Meanwhile, Dave's friend Frank, a teacher at Emma's school, becomes aware of the relationship but does nothing. Discuss the criminal liability of Dave and Frank.

'The expansion of inchoate liability in English criminal law, particularly through the Serious Crime Act 2007, has gone too far and criminalises conduct that is too remote from actual harm.' Critically evaluate this statement with reference to the law on encouraging or assisting crime.