LL5302-Criminal Law

1. The Criminal Attempts Act 1981 has abolished the common law offence of attempt and replaced it with the following statutory offence contained in Section 1: 

‘To plan and scheme in one’s mind to commit an offence is not in itself unlawful. Where, however, a person takes steps towards effecting that plan to commit a substantive offence, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence.’ 

Michael J. Allen, Criminal Law. 14th Edition at 292. 

Outline the main elements of inchoate offences and critically discuss the differences between such elements with a particular focus on attempt, conspiracy, and encouraging or assisting offences. 

2. 2. Critically analyse the law of homicide with particular reference to any TWO of the following defences which might be argued at trial.

(A)Provocation

(B)Loss of Control

(C)Self Defence 

You must support your answer with reference to relevant sources including case law.  

3.Jason is accused of rape. While employed as a swimming coach at the Kingston Health and Fitness Suite he persuaded Tracy, one of his students, to have sexual intercourse. Jason explained to Tracy that her breast- stroke needed a lot of work and that he knew of a certain technique which would considerably improve her lap times. He persuaded Tracy that this technique involved him closely entwined behind her as she swam.

Tracy was very naïve and had previously told Jason that she never had a boyfriend. She did not realise that she had in fact been involved in a sexual act. She was simply grateful that such an experienced swimming coach was giving her so much extra attention and that the extra tuition would ultimately help her achieve her goal of joining the swimming team. Jason instructs you to act as his defence counsel at trial. Advise Jason. 

AND

Tina is at a friend’s house for a graduation party. She has had a lot to drink beforehand and feels quite tipsy when she arrives. Worried that the party has only just begun and that she might be drunk when her boyfriend Rodney arrives later, Tina decides to lie down in one of  he bedrooms for an hour. She gets into the bed but fails to notice that Gareth, whose room it  is, is already in the bed sleeping. After a few minutes Gareth wakes up to find Tina sleeping beside him. He proceeds to have sexual intercourse with Tina. Tina awakes and says ‘  hope you are using protection Rodney’. Gareth says nothing and Tina soon realises that it is not in fact Rodney in bed with her. She moves away from Gareth and he immediately stops   the act. Tina then gets up and leaves the room. 

Tina is claiming that she was raped by Gareth on the night of the party. Advise Tina of the possibility that Gareth will be successfully convicted of the charge of rape in a situation such as this. 

You must support both your answers with reference to relevant sources including case la