Total marks: 75 · Duration: 3 hours
Instructions to candidates
- This paper consists of SIX questions arranged in THREE sections, corresponding to the three Modules of Unit 1.
- Answer THREE questions in total: ONE from each section. Each question is worth 25 marks.
- Begin each answer on a new page and write the question number clearly in the margin.
- Answers must be in continuous prose. Note form, bullet lists and headings alone will not attract the higher bands.
- Cite authority wherever possible — decided cases, statutes and constitutional provisions. Where you cannot recall a case name precisely, describe the principle and the facts; credit is given for the principle.
- No figures, diagrams or extracts are supplied with this paper. Any statutory or factual material you need is set out in the question itself or in a table.
- Where a question is set on a hypothetical scenario, you must apply the law to the facts given, not merely restate the law.
- Unit 1 covers Module 1 (Public Law and the Legal System), Module 2 (Constitutional Law) and Module 3 (Criminal Law).
Paper
Section A — Module 1: Public Law and the Legal System (answer ONE) — 25 marks
1. (a) Explain the doctrine of judicial precedent as it operates in Commonwealth Caribbean courts, distinguishing between ratio decidendi and obiter dicta, and explaining binding and persuasive authority. (12 marks)
(b) "The establishment of the Caribbean Court of Justice in its appellate jurisdiction has done more for the development of a distinctly Caribbean jurisprudence than any other single reform."
Discuss, considering arguments both for and against this view. (13 marks)
2. (a) Distinguish between common law and equity, and explain, with examples, THREE contributions equity has made to the modern law. (12 marks)
(b) Evaluate the literal, golden and mischief rules of statutory interpretation, and assess whether a purposive approach is preferable for a Caribbean court interpreting a modern statute. (13 marks)
Section B — Module 2: Constitutional Law (answer ONE) — 25 marks
3. (a) Explain the doctrine of the separation of powers and describe how it is reflected in the constitutional arrangements of a Commonwealth Caribbean state. (10 marks)
(b) In the fictional state of Santa Marina, whose written Constitution is supreme and contains a justiciable Bill of Rights, Parliament passes the Public Assemblies Act. Section 4 provides:
| Provision | Effect |
|---|---|
| s.4(1) | No public meeting of more than twenty persons may be held without the written permission of the Commissioner of Police. |
| s.4(2) | The Commissioner may refuse permission "for any reason he considers sufficient". |
| s.4(3) | The decision of the Commissioner "shall not be questioned in any court". |
The Act was passed by a simple majority. The Constitution requires a two-thirds majority to alter any provision of the Bill of Rights, and guarantees freedom of assembly "subject to such restrictions as are reasonably required in the interests of public order and are reasonably justifiable in a democratic society".
Advise a citizens' group refused permission under s.4 as to the constitutional challenges available to them. (15 marks)
4. (a) Explain the difference between a constitutional supremacy and a parliamentary supremacy model, and explain the significance of a savings law clause. (10 marks)
(b) "Constitutional guarantees of judicial independence in the Commonwealth Caribbean are formally strong but practically fragile."
Discuss, with reference to security of tenure, remuneration, and the process of judicial appointment. (15 marks)
Section C — Module 3: Criminal Law (answer ONE) — 25 marks
5. (a) Explain the meaning of actus reus and mens rea, and explain the significance of the requirement that they coincide in time. (10 marks)
(b) Marcus, angry that his neighbour Devon has been playing loud music, goes to Devon's home carrying a cutlass "to frighten him". Devon opens the door, laughs and says, "You would never use that." Marcus swings the cutlass, intending to cut Devon's arm. Devon steps back, and the blow strikes his neck. Devon is taken to hospital, where he would have survived, but a junior doctor administers a drug to which Devon's records clearly record a fatal allergy. Devon dies.
Discuss Marcus's criminal liability for the death of Devon, considering murder, manslaughter, and any defence that may be available. (15 marks)
6. (a) Explain the rules governing the defence of self-defence, including the requirements of necessity and proportionality, and the treatment of mistaken belief. (10 marks)
(b) "The distinction between murder and manslaughter now depends less on the accused's state of mind than on the sympathy the law is prepared to extend to him."
Discuss with reference to provocation (loss of self-control) and diminished responsibility. (15 marks)