This document provides instructions for a criminal law assessment for an LLB honors program. Students must choose two of six questions to answer, with each response limited to 2000 words. The questions cover topics like the development of recklessness in criminal law, the insanity and automatism defenses, criminal liability for omissions, homicide liability for a stabbing committed after relationship sabotage and alcohol consumption were revealed, and potential criminal liability for assaults, injuries, and deaths occurring after a night of drinking. Students are advised to identify potential criminal charges and possible defenses for each scenario.

1. LIVERPOOL JOHN MOORES UNIVERSITY SCHOOL OF
LAW
LL.B (HONS).
CRIMINAL LAW: 4100 LAWPL –Deferral/Referral Assessment
10 AUGUST 2018
INSTRUCTIONS TO CANDIDATES
Please answer TWO questions only. There are six questions on
the assessment paper.
Word Limit
The word limit for each question is 2000 words
Submission Procedure
You must submit your answer electronically through Canvas.
Please ensure that your student ID number is on the front and
each page of your answer, by Friday 10 August.
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1. “Recklessness has been a battleground upon which
opposing conceptions of criminal fault have been waged”
(Wilson Criminal Law (6th Ed 2017, Longman) page 141)

2. In light of this statement, explain how the courts have
developed and applied the meaning of recklessness in English
criminal law
2. “Our task has been to decide what the law means now by
the words ‘disease of the mind’. In our judgment the
fundamental concept is of a malfunctioning of the mind caused
by disease.”
(Lawton LJ in R v Quick [1973] 3 WLR 26)
In light of this statement, explain and evaluate the common law
defences of insanity and automatism.
3. “An omission to act (ie failure to do something) is a less
common basis of criminal liability than a positive act.”
(Card et al Criminal Law (22nd Ed 2016, Oxford) page 42)
In light of this statement, discuss how and, in what
circumstances the criminal law imposes liability for omissions?
4. Kieran is a young, unemployed actor. He has been
suffering from post-traumatic stress disorder (PTSD) recently,
after he was mugged a few months ago walking home at night
alone. He has also been suffering from very low self-esteem,
after being unsuccessful in a number of acting auditions. He
sees an advert for a part in the popular soap Hollypines and
decides to go to the audition with his flatmate Liam, who is also
looking for an acting job. Liam is keen to get the job, but fears
that Kieran, who is better looking, might get it instead. Liam

3. gives Kieran the wrong lines to learn, so that he will fail in the
audition.
Kieran’s audition goes very badly and the following day Liam is
offered the job. Liam boasts that it is because ‘I am the better
actor’ and that he is going to be famous. Liam also claims that
Kieran’s girlfriend, Amina, will leave Kieran for him. Kieran is
really shocked and upset and decides to check Facebook for
evidence. He sees several photos of Amina kissing Liam as well
as a post from Liam that says: ‘Ha, ha, I sabotaged Kieran’s
Hollypines audition and now I have got the job!’ Later that
evening, after having a number of alcoholic drinks, Kieran goes
into the kitchen where Liam is cooking dinner and stabs him in
the back with a kitchen knife.
An ambulance is called and Liam is rushed to hospital. Liam
needs a blood transfusion, as he has lost a lot of blood, but
refuses as he has a severe fear of needles. He dies later that
night from the blood loss.
Advise Kieran of his possible criminal liability for homicide.
5. Simon and Charles have been invited to a birthday party
organised by Susan. On the way they decide to visit several
pubs in town and drink a few pints of strong lager. Simon
notices Gerald. As he walks passed, Simon deliberately puts out
his foot causing Gerald to trip and fall suffering bruising and
cuts.
At the party Simon and Charles continue to drink large
quantities of alcohol. Charles then sees his ex-girlfriend Lisa
and decides to irritate her by dancing closely and pulling her
towards him. Lisa stamps on his foot telling him to “get lost”
and that she has a new boyfriend (Dave). Charles angrily slaps
Lisa across her face, causing a swollen lip and tenderness.

4. At this point Dave walks into the room and, believing Charles
will continue attacking Lisa, immediately runs at Charles
punching him several times in the face and body. Charles falls
to the ground and Dave kicks him in the stomach. Later at
hospital it is revealed that Charles has several broken ribs, cuts
and bruising. Simon runs over but is grabbed by Tony who tells
him not to get involved. Simon angrily grabs a bottle, smashes
it and then viciously stabs Tony in the face who suffers serious
injury, including the loss of an eye requiring corrective facial
surgery.
Advise all parties of their potential criminal liability and
possible defences.
6. Answer both parts A and B and advise the parties of their
potential criminal liability for involuntary manslaughter.
a. Joe and Paul decide to break into a local engineering
company to steal tools and equipment. During the break-in they
are confronted by the security officer Alan who is 54 years old.
Both men threaten to hurt Alan if he tries to prevent them
leaving. Alan in a frightened state, shouts “my heart
pacemaker”, before suddenly collapsing and later dies due to his
heart condition. Joe and Paul run out of the building and get
into a passing car driven by Camilla. Camilla jumps out of the
car to escape but is killed by another vehicle. Joe drives away at
speed but loses control, crashing into a wall. Joe panics and
runs away leaving Paul remaining seriously injured in the car.
Paul later dies of his injuries.
b. Carlo and Yasmin run a restaurant business serving
speciality seafood. Unfortunately the business is suffering
financial difficulties and they can no longer afford to pay the
chef or buy fresh quality food. The Bainbridge family have
booked a table at the restaurant to celebrate a family birthday.
Yasmin undertakes to cook the meal herself rather than lose
business. Three days later Yasmin is contacted by the police
who inform her that a member of the Bainbridge family has died

5. from bacterial infection as a result of food poisoning. Yasmin
and Carlo drive home from the restaurant but a furious row
ensues and Yasmin suddenly grabs the steering wheel whilst the
car is travelling at 50 miles an hour, causing it to spin out of
control, hitting a lamppost and fatally wounding her husband.
END OF PAPER
Criminal Law LLB(Hons) August Assessment 2018 Page 1