Sample/practice exam 2017 PDF

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Sample/practice exam 2017...

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FINAL EXAMINATION – SEMESTER 1, 2017

LW251 Criminal Law A SCHOOL:

Law

LECTURER:

Chris MULLEY

EXAM DURATION:

3 hours 10 minutes

(No formal reading time)

MARKS ALLOCATION:

Total marks for exam = 100 marks

REFERENCE MATERIALS PERMITTED:

Open book examination Students may take into the examination any written materials except for the following: (a) texts, legislation and law reports borrowed from the University of Notre Dame Library; and (b) computers, iPads, mobile phones or any other electronic device.

EXAM BOOKLETS REQUIRED: INSTRUCTIONS TO CANDIDATES:

3 x 12-page booklets

1. Answer ALL the questions in Part A and Part B. Choose THREE out of FIVE questions in Part C. 2. Write the name of your lecturer clearly on the front of each of your answer booklets. 3. Circle the number of all questions answered on the cover page of your answer booklets.

Page 1 of 4

PART A:

THIS QUESTION IS COMPULSORY [50 marks]

Question 1 Mort (15 years old) is a student at Madagascar Senior High School in the southern suburbs of Perth. At the start of this year, a new student, Julien, started at the school. Mort quickly became enamoured with Julien and, in particular, Julien’s feet. Mort decided that he would like to see and feel Julien’s feet in private. Consequently, he asks Skipper (14 years old), another student at the school, for information about where Julien lives. Mort tells Skipper that he is planning on paying Julien “an unexpected night-time visit”. Skipper knows that Julien has been given a hard time as he settles into the school, so he figures that Mort is planning some kind of torment for Julien. Nevertheless, Skipper provides Mort with the address, and also suggests that his friend, Kowalski (15 years old) might be able to provide assistance to Mort in accessing Julien’s bedroom, which is on the first floor of the house. Mort duly goes to Kowalski and outlines his plan to access Julien’s bedroom that evening. Kowalski says he has just the invention to help – a home-made jetpack, which will allow Mort to enter Julien’s bedroom through the window. That evening, Mort uses Kowalski’s jetpack and gains entry to Julien’s bedroom. Whilst there, he succeeds in stroking and kissing Julien’s feet for several minutes before Julien awakes. Julien then permits him to continue for about another 30 seconds before telling Mort in a very loud voice “That is enough. You must go now”. Julien’s loud exclamation awakes Maurice, who is sleeping in the next room. Maurice bursts into Julien’s room, just in time to see Mort going out of the window. Maurice goes to the window and throws a heavy paperweight at Mort, who is about 3m above the ground, using the jetpack. The paperweight hits the jetpack, causing it to immediately stop working. Mort falls to the ground and breaks both of his legs. Upon investigation, it turns out that Julien has come to Australia from another country and is actually 17 years old. Mort did not know that; he presumed that Julien was 14 or 15, like all of the other students in their year.

The police would like advice on appropriate charges (if any) to lay against Mort, Skipper, Kowalski and Maurice. NB: Do not consider the operation of any potential defences for Maurice. (50 marks)

Page 2 of 4

PART B:

THIS QUESTION IS COMPULSORY [35 marks]

Question 2 Leonard and Sheldon have shared a house together for several years. Sheldon owns a gun, which he keeps under his bed. When Leonard first moved in, Sheldon told Leonard that the gun was only loaded with blanks. As Sheldon originally comes from Texas, at the time of the explanation Leonard did wonder whether they were in fact real bullets, but gave the matter no further thought. In fact, at all times the gun contained real bullets. Leonard is going to a beach party with Penny, a neighbour who he is desperately trying to impress. Consequently, he decides that he will “borrow” Sheldon’s gun for the evening, take it to the party and return it the following day. Leonard knows that Sheldon never permits anyone to use any of his things, but he figures that he will be able to return the gun before Sheldon notices that it is missing. Unfortunately for Leonard, Sheldon does notice that the gun is missing and makes a report to the police that evening. Meanwhile, whilst at the party, Leonard takes out the gun and fires two shots into the air. Because there are real bullets in the gun, one of the bullets comes back down and hits Howard (another attendee of the party) in the head, killing him instantly. The police arrive and arrest Leonard. They want to charge Leonard for taking the gun and for the death of Howard.

Advise the police of appropriate charges to lay against Leonard, the prospects of conviction on those charges and the possible penalties for those charges. (35 marks)

Page 3 of 4

PART C:

ANSWER THREE QUESTIONS ONLY FROM THIS PART [15 marks]

Question 3 Describe, using examples of offences, the two ways in which the word “attempts” is defined in The Criminal Code (WA). How do you know which definition to use in any given situation? (5 marks) Question 4 How is it possible to prove that an accused person had a specific intention when the accused person refuses to make any statement about his/her intention? (5 marks) Question 5 Describe, using examples, how issues of implied consent impact on offences that have assault as an element. (5 marks) Question 6 What options exist when charging a person who gives advice to another person on how to commit a criminal offence? How do you decide which is the appropriate charge to lay? (5 marks) Question 7 Using examples, explain the difference between a charge of fraud (s409 The Criminal Code (WA)) and stealing (s378 The Criminal Code (WA)) where the property involved is money. (5 marks)

END OF EXAMINATION PAPER

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