LSE: Criminal Law Exam Paper

Alice and Bob decide to burgle a house they believe is empty. They break in through a window. Inside, they discover Charlie asleep in bed. Alice panics and strikes Charlie with a candlestick, causing serious head injuries. Bob, horrified, tries to call an ambulance but Alice stops him, saying 'we can't get caught'. They flee, leaving Charlie unconscious. Charlie dies three days later from his injuries, though medical evidence suggests he would have survived with prompt treatment. Meanwhile, Alice's friend Diana had lent Alice her car for what she thought was a 'night out'. Diana becomes suspicious when she sees news reports about the burglary and calls the police, providing information that leads to Alice's arrest. Discuss the criminal liability of all parties.

"The defence of duress represents an uneasy compromise between the competing demands of moral blamelessness and public policy." Critically evaluate this statement with reference to the current law on duress and proposals for reform.

Edward, a military veteran suffering from PTSD, gets into an argument with Frank at a pub. Frank taunts Edward about his mental health, saying 'you're just a crazy soldier, no wonder you couldn't protect your mates'. Edward, who lost close friends in combat, becomes enraged and punches Frank, who falls and hits his head on a table corner, suffering serious brain injury. Edward immediately calls an ambulance and stays with Frank until help arrives. Later that evening, still distressed, Edward drives home despite having consumed several pints earlier. On the way, his car collides with Grace's vehicle. Grace suffers a broken leg, while Edward is uninjured but breathalyser tests show he is over the legal limit. Edward claims he was too upset to think clearly about driving. Advise Edward on his potential criminal liability and available defences.

"The criminal law's approach to consent has become increasingly paternalistic, undermining individual autonomy in favour of public policy concerns." Discuss this statement with particular reference to offences against the person and sexual offences.