substantive la3- criminal & just. - gce winter 2010 - question paper

GCE A level1253/02 New A2LAW – LA3UNIT 3: UNDERSTANDING SUBSTANTIVE LAW:FREEDOM, THE STATE AND THE INDIVIDUALOPTION 2: CRIMINAL LAW AND JUSTICEA.M. THURSDAY, 28 January 20101 1 ⁄ 2 hoursADDITIONAL MATERIALSIn addition to this examination paper, you will need a 12 page answer book.INSTRUCTIONS TO CANDIDATESAnswer two questions.INFORMATION FOR CANDIDATESEach question carries 25 marks.The number of marks is given in brackets at the end of each question or part-question.You are reminded of the need for good English and orderly, clear presentation in your answers.Assessment will take into account the quality of written communication used in your answers.You are reminded of the importance of including knowledge from all areas of the course whereappropriate including the Legal System of England and Wales. Part (b) of each question will testunderstanding of the connections between the different elements of the subject.CJ*(W10-1253-02)

2Option 2: Criminal Law and JusticeAnswer two out of four questions.Study the text below and answer the questions based on it.1. Michael suffers from severe depression. One day he was driving to work when Jayne droveinto the back of his car. Michael was very angry. He got out of his car, opened the door ofJayne’s car and pulled her out. As Jayne was pulled from the car, she banged her head on thecar door. Michael shouted at her and then got back into his own car and drove off. Jayne wasleft badly shaken and with a severe headache, but did not seek medical advice until late thatevening when the headache became unbearable. Jayne’s husband Brian drove her to thehospital, but on the way, a sheep wandered out into the road causing Brian to swerve andcrash the car. Jayne suffered further injuries as a result of the crash. When she finally arrivedat hospital, she was treated by Fred, an inexperienced junior doctor who treated her injuriesbut failed to realise that Jayne had a blood clot on the brain as a result of banging her headearlier that day. Jayne died later that night.(a)In the light of reported case law and other sources of law, consider whether Michaelmay be criminally liable for Jayne’s death. [14](b) Explain to Michael what legal funding might be available to him if he is charged. [11]2. Ray decided to make a door-to-door collection to raise cash for Comic Relief. He had anumber of drinks first, and thought it would be a good joke to turn up on people’s doorstepswearing a horrific gorilla mask. At the first house he came to, the door was opened by amiddle-aged lady who screamed and fainted at the sight of Ray. The lady’s husband, Tomrushed out and punched Ray in the face breaking his nose. Ray retaliated by punching Tom inthe stomach, causing him severe internal injuries.(a)(b)In the light of reported case law and other sources of law, analyse the potential criminalliability of Ray and Tom, including any defences which may be available to them. [14]Explain the criteria which would be used by the Crown Prosecution Service whendeciding whether to prosecute Ray or Tom. [11](1253-02)

33. PC Dixon has recently been on an age awareness course and is convinced that all old peopleare forgetful and likely to leave shops without paying. He saw Emily, an elderly lady, comingout of a supermarket. He approached Emily and asked to see the contents of her shoppingbag. The bag contained 24 tins of top quality cat food. PC Dixon asked Emily if she had areceipt for the cat food. Emily was greatly offended and began to shout, so PC Dixon arrestedher in order to continue his investigations at the police station. When they got there, Emilydemanded to telephone her family and speak to a solicitor. These requests were refused, soEmily said that she was not going to answer any questions. The police put her in a cell whereshe spent the next 48 hours shouting that she wanted to go home and feed her cat. At the endof this time the custody officer was so worn down by her complaining that she granted herbail and let her go home.(a)(b)In the light of reported case law and other sources of law, consider the legality of theactions of the police. [14]Explain the powers of the police to grant bail and the criteria used in making thisdecision. [11]4. Harvey is under so much stress at work that he had recently begun sleepwalking. One night hedreamt that he was cutting bread to make toast but woke up to find that he had left the houseand inflicted a deep cut on the arm of a homeless person sleeping in a shop doorway. A policepatrol car quickly arrived on the scene. Harvey was taken to a police station, where he waslater examined by a psychiatrist who could find no reason for the sleepwalking apart fromextreme stress.(a)(b)In the light of reported case law and other sources of law, consider whether Harveymight have a defence if charged with a criminal offence. [14]Explain how a jury would be selected to try Harvey’s case if he were to be prosecuted inthe Crown Court. [11](1253-02)