CRIMINAL LAW

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
“The Latin maxim, actus non facit reum, nisi mens sit rea, is fundamental to criminal
liability. In the case of Haughton v Smith [1975] AC 476, Lord Hailsham stated that it
meant that, ‘an act does not make a man guilty of a crime, unless his mind be also
guilty’.”
Nicola Monaghan, Criminal Law Directions (3rd edn, OUP 2014) 15.
Explain the meaning of the terms actus reus and mens rea in criminal law.
Evaluate whether Lord Hailsham’s statement represents an accurate definition
of all the elements which should be proved by the prosecution in order to
establish liability for a criminal offence.
AND
Question 2 Word limit: 1,250
Anna’s girlfriend Epi is a professional photographer. Anna goes into Epi’s studio which
is located next to their home and sees an unflattering photograph of herself. Anna
angrily says to Epi, ‘I am going to smash your digital memory card to make sure that
no-one sees that photograph.’ Epi just laughs at Anna.
Anna goes to the garage, picks up a hammer and returns to Epi’s studio.
Anna takes the digital memory card out of Epi’s camera and hits it several times with
the hammer. The digital memory card breaks into three pieces.
LLB CRIMINAL LAW COURSEWORK
Law School 2 OF 2
Epi is upset, tells Anna their relationship is over and runs out of the studio. Anna is
devastated and smokes a cigarette in the studio to calm herself down. Anna throws
the cigarette into the waste paper bin, hesitates for a moment, then leaves the studio
and the door automatically locks behind her. The cigarette ignites the waste paper
and the fire burns Epi’s photography equipment and studio furniture. Usually Epi’s
assistant works in the studio but unknown to Anna had called in sick that day.
After returning home, Anna notices smoke coming from the studio. Anna rushes back
to the studio but does not have a key to get in. She phones the fire brigade from her
mobile phone and is told they will not reach the studio for thirty minutes. Anna knows
that Epi has an important exhibition of life-size photographs next week and can see
through the patio doors that the fire has not yet reached these. Anna picks up a brick
and smashes the patio doors to the studio. Anna is able to save the life-size
photographs from the fire.
Advise Anna as to her criminal liability for criminal damage, if any.
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