Law School 1 of 2
Deadline: Tuesday 5 January 2016, 2.00pm Maximum word limit: 2,500
Candidates must answer both questions. You should use legal authorities (especially
cases and legislation) to support your answers throughout.
Candidates are expected to adhere to the word limit for each part of the answer. No
unused words from one part are to be used in the other part.
Question 1 Word limit: 1,250
‘Imposing criminal liability for omissions is inconsistent with other interests that criminal
law should protect such as the principle of autonomy, the principle of legality and the
harm principle.’
Evaluate the accuracy of this statement with reference to situations where a
failure to act may result in criminal liability.
Question 2 Word limit: 1,250
Andy is a famous married footballer who has several lucrative advertising deals due to
his family image. A year ago Andy had an affair with Beth, a famous model. Andy has
heard that Beth plans to publish details of their affair in her autobiography. Andy visits
Beth and pleads with her to remove any reference to him and their affair. Beth gives
Andy a cup of tea and tells him there is nothing she can do as the books are in the
publisher’s warehouse and will be sent to retailers for sale shortly. Andy is very upset
about this and screams, ‘I will make sure that no-one sees that book, even if I have to
burn every last copy.’ Beth just laughs at Andy.
Angry that Beth is not taking him seriously, Andy decides to throw the remainder of the
tea in his cup over Beth’s favourite painting. The tea does not hit the painting, although
it hits Beth’s designer wallpaper instead.
Andy goes directly from Beth’s house to the publisher’s warehouse with a can of petrol.
The door to the publisher’s warehouse is open and there are lights on inside. Although
there are lots of piles of books, Andy quickly finds Beth’s autobiography, douses the
books in petrol and sets the pile on fire. The books burn quickly and the fire spreads to
other piles of books in the warehouse. Andy panics and runs off.
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2 of 2 Law School
Beth arrives at the publisher’s warehouse to warn the staff about Andy and sees the
large fire. She takes out her mobile phone to call the fire brigade but it has no battery
life left. She runs in quickly to look around for a telephone but does not see one. Beth
shouts for help but no staff appear. She picks up a brick and smashes a nearby glass
cabinet that is protected by a burglar alarm because it contains a valuable first edition of
‘A Christmas Carol’ by Charles Dickins. When the alarm sounds, the warehouse staff
emerge from a meeting, realise that there is a fire and escape unhurt along with Beth.
Advise Andy and Beth as to their criminal liability, if any.