(_,)

2009 POli[E PROMOTION (SIJPPlEMENTAl) EWIINATION

TO THE RANI OF [ORPORAl
SUBJECT: LAW

DATE: 101h November, 2009

TIME ALLOWED: 2 Yz Hours

INSTRUCTIONS:

THIS PAPER CONTAINS FOURTEEN (14) QUESTIONS, CANDIDATES ARE

REQUIRED TO ANSWER ANY TEN (10) QUESTIONS.

NB. WHERE MORE THAN TEN (10) QUESTIONS ARE ANSWERED, ONLY THE
FIRST TEN (10) WILL BE ASSESSED.

l. Name five (5) conditions that must be satisfied before a dying declaration may be
admitted in evidence in a court of Jaw.
(10 marks)

2 State the meaning of any two (2) of the following terms under Section 2 of the
Negotiable Instruments (Dishonoured Cheques) Act No. 9 of 1998 as amended.
(Smarks each)
(i) Dishonoured cheque.
(ii) Drawer.
(iii)Services.

3. (a) It is a general rule that the prosecution is required to call all the evidence,
which it intends to rely on before the close of its case.

Name three exceptions to this rule. (6 marks)

(b) Define the term "arrestable offence." (4 marl<s)

4. (a) Name four (4) actions a court can take when a defendant does not appear in
court on the date of his case. (4 marks)

(b) Define the offence of"conspiracy". (6 marks)

5. (a) Explain what is meant by a "leading question" . (3 marks)

(b) Explain what is meant by the term "hostile witness." (3 marks)

(c) What is a "no case submission?" (4 marks)

1
I -
 r
6.
a. Name five (5) forms of cruelty under the Chi ldren's Act Chapter 46:01.
(5 marks)

b. You are the Second Division Officer in charge at the station when a Constable
comes to you and asks for some advice. She tells you that she received
information that the proprietor of a small shop in the area is in the habit of selling
cigarette paper to persons who appear to be under the age of sixteen years. The
constable further reveals that she told her informant that the most the police could
do in such instances was to use the aspect of commtmity policing strategy in order
to discourage those young persons from engaging in that habit.

Do you agree with the Constable?

Give a brief reason for your answer. (5 marks)

7 (a) You are on duty at the station when a man comes in and states that he wants to
sttrrender his firearm.

Name four (4) requirements that you must ensure are fulfilled when a Firearm
Users Licence holder surrenders a firearm. (4 marks)

(b) State what is meant by a "restricted person" under the Firearm Act Chapter 16:01
as amended. (6 marks)

8. There was a report of fire in your district in which a house and its contents were all
destroyed, in addition to, two vehicles owned by the family. You conducted enquiries
and submitted a report, but on the completion of the enquiries you were asked to check
whether the vehicles were still on the Licensing Authority's records. Eleven months after
the fire, the vehicles were still on the records. You interviewed the owner of the vehicles
and he tells you "Boss I don lost them vehicles already, so forget dat."

Explain to the owner his legal obligation in accordance with Section 15 (2) of the Motor
Vehicle and Road Traffic Act Chapter 48 :50 as amended and state whether any action
can be taken against him. (10 marks)

9. An elderly lady approached a man who advertised a three bedroom house for rent and
negotiated a monthly rental. They executed a lease and she paid one month's rental fee,
promising that she would pay six months in advance when her son took up residence at
the premises. At the end of the first month the lady told the landlord that her son was
delayed and enquired whether he would accept a cheque for the next two months as
payment to which he agreed. She then issued him a cheque to cover the two months rent.
The man deposited the cheque but payment was not honoured. When he referred the
matter to the lady she made an excuse and told him to hold the cheque until she advised
him further. At the expiration of the two months the matter had not been settled and she
was then refusing to make any further payments to him since she was then contending
that she was a tenant at will. The man has just reported the matter to your station.

For what offence, if any, can the lady be charged?

Discuss fully the reasons for your answer (10m arks)

2
10. A known pickpocket had just completed a term at the state's expense. However, once
again he was up to his old tricks. One day while buying fried chicken, he ·:>bserved a gold
chain fastened to a man's waist and leading into his hip pocket. He cc,uld not readily
detect what was at the end of the chain, but thought to himself it must be valuable. He
pulled the chain from the man's pocket and saw a watch at the end of it. He grasped the
watch and continued to pull the chain but the other end was still fastened to the man's
waist. A passerby seeing the incident held on to the pickpocket and carried him to the
police station.

What offence, if any, was committed?

Discuss fully the reasons for yom- answer. (lOmarl<s)

11. Don had an altercation with a friend Vernon. A few days after this Don saw Vernon
li ming on the street corner. Don j umped on his motorcycle, sped towards the spot where
Vernon was standing and struck him with the motorcycle causing injuries to Don's side
and back. As a result of these injuries you are detailed to investigate th[s incident as a
road traffic accident.

What offence, if any, did Don commit?

Discuss fully the reasons for your answer. (lOmarks)

12. A man had been charged for the offence of rape. At his trial the defence cited four
witnesses to give evidence that would support the case of the defence that the
complainant (victim) was in the habit of providing sexual services for a fee.

Discuss fully the chances of these witnesses giving testimony for the defer.ce.
(lO rnarks)

13 . PECK had been watching the way GREGORY was showing off his cages with birds and
boasting that he has the best in the country. PECK decided to teach GREGORY a lesson.
On Thursday night when GREGORY went inside his living room to listen to the
9 o'clock news PECK climbed up to the gallery and stole two cages with expensive
birds. On Friday PECK was held with the birds and cages and he was charged for
burglary.

What are the chances of a conviction for this offence?

Discuss fully the reasons for your answer. (10 marks)

14. A man and his wife live in an expensive apartment in a gated community in Tobago.
Last Monday at 5:00am she drove him to the airport to catch a 7:30am flight to Mexico
on a five-day business seminar. However, because of an outbreak of the swine flu, the
seminar was cancelled at the last minute. The man decided that he would travel home by
taxi instead of bothering his wife to make a second journey to the airport. He bought a
box of chocolates and a rose for his wife and planned to lay them on the bed beside her
sleeping body. At 9:00 am he arrived at his home and fm.md his wife in bed mal<ing love
to her gym instructor. The man looked at him with a grin on his face and 5aid "Yuh must
call first meh boy." The man got his licenced firearm and shot the gym im:tructor several
times. He was later charged for murder.

Discuss fully whether the accused has any defence available. (lOmarks)

END

3
 2008 POU[E PROMOTION (MAIN) EWIINATION
TO TIE RANI OF tORPORAl

SUBJECT: LAW

DATE: Saturday 31 8 T May 2008

TIME ALLOWED: 2Yz Hours

INSTRUCTIONS:

TillS PAPER CONTAINS FOURTEEN (14) QUESTIONS, CANDIDATES ARE

JU:QUIRED TO ANSWER ANY TEN (10) QUESTIONS.

NB. WHERE MORE THAN TEN (10) QUESTIONS ARE ANSWERED, ONLY THE
FIRST TEN (10) WILL BE ASSESSED.

l. Section 5 (9) of the Dangerous Drugs Act as amended provides that a person in
possession of more than a specified weight of dangerous drugs is deemed to have the
dangerous drug for the purpose of trafficking.

Name the types of dangerous drugs and state the weight specified in relation to each.
(10 marks)

2. (a) State the meaning of any five (5) of the following legal terms:

(i) 1\ccomplice
(ii) Autrefois convict
(iii) Autrefois aquit
(iv) Sub-judice
(v) Ex-parte or
(vi) Prima facie

(10 marks)

3. Section 3 of the Criminal Law Act Ch. 10:04 gives powers of arrest without warrant in
four certain circumstances. Name them. (2Yz marks each)

4. (a) Name four (4) exceptions to the rule against the admissibility of hearsay
evidence. (4 marks)

(b) Name three (3) inchoate offences. (6 marks)

5. (a) State the words of the caution under Rule (3) ofthe Judges' Rules. (5 marks)

(b) A suspect has made a written statement. Having read it, the suspect refuses to
write the prescribed certificate at the end of the statement or to sign it. What are
the requirements of Rule (3) (f) of the Judges' Rules in such circumstances?
(5 marks)
6. State whether the following statements are true or false: (2 marks each)

a. A man cannot be convicted of raping his wife.

b. All indictable offences are also arrestable offences.

c. Persons above the age of sixteen years can lawfully purchase alcohol.

d. A Time Allowed Commitment warrant can be executed at anytime and

place.

e. The "least touching" whatsoever will constitute a battery under the

criminal law.

7 (a) Name five (5) offences under the Forgery Act Chapter I 1:13. (5 marks)

(b) What are the essential elements that must exist to lay a charge of unlawful
possession? (5 marks)

8. You have been given instructions to prosecute an offender for the offence of assault by
beating. State the type of complaint that you should use and the time period for laying
such charge.

List seven items of information that the complaint must contain. (10 marks)

9. One day while a policeman was on foot patrol, he visited the high school in the area as
part of his routine and checked with the security officers. One of the security officers
(a woman) pointed to a young man who was standing obliquely opposite the school
premises and told the constable that she was of the view that the young man had
marijuana on him. The constable approached the young man and upon searching him
found twelve hand-rolled cigarettes weighing 50 grams in a bag that the young man had
in his trouser pocket. The young man told the officer that it was "shining bush" and that
he used it for the cold and fever. In fact, the content of the cigarettes was "shining bush."

What offence, if any, can the young man be charged for?

Discuss fully the reasons for your answer. (lOmarks)

l 0. At around I 0:00 pm one night a man who had recently been released from prison for a
series of burglaries, was walking past the village church when he thought to himself that
he could feel like a king if he drank from a chalice. He eased opened an unlocked
window on a side of the church, and climbed inside. As he was about to grasp the item
that he was there for, the caretaker entered the room and enquired what he was doing
there. He replied 'The Lord alone knows' and left through the front door.

What offence, if any, was committed?

Discuss fully the reasons for your answer. (lOmarks)

I I. A man is the owner of a pellet gun which has a smooth bore. One day he got in a state of
anger over leaves that had dropped into his yard from his neighbour's tree. He called out
to his neighbour and they met in the street. He pointed the gun at his neighbour and told
him to raise his hands in the air. He then took aim with his pellet gun and shot his
neighbour on his right index finger causing an injury. After investigations were made
you received instructions to charge the man for several offences including the following-

2
 (1) Wounding with intent to do grievous bodily harm

(2) Possession of a firearm

(3) Possession of ammunition

(4) Possession of a firearm to endanger life

What are the chances of a conviction for these offences?

Discuss fully the reasons for your answer. (1 0marks)

12. One morning a lady was driving her car on her way to work when as she slowed down to
cross over a speed-hump in the road, a man reached inside her car window and grasped
her chain and pendant from around her neck and ran off with the items. She became
scared and started to cry. She was taken to the police station but was still crying ami
trembling as she related the facts to the station sentry.

W11at offence, if any, was committed?

Discuss fully the reasons for your answer. (lOmarks)

13. A lady visits your station and describes her social situation. It is indicative of domestic
violence at the home. She asks for advice on certain issues and is also interested in
knowing who can apply for a protection order on behalf of a child under the Domestic
Violence Act.

Name five such persons. (10 marks)

14. One evening a young woman went to the mall where she purchased some items. On her
way home. a young man came alongside her and remarked that he had been admiring her
for some time and he felt that they would produce nice children together. She smiled and
said to him "In your dreams". As she walked through a narrow track. he suddenly pulled
her to the ground and lifted her skirt to perform oral sex on her. However, as his mouth
rested onto her private part, he heard a noise and Oed the scene.

What offence, if any, did the man commit?

Discuss fully the reasons for your answer. (10 marks)

End of Paper

3
 2008 POLJ[E PROMOTION (SUPPLEMENTAL) EXAMINATION TO
THE RANI OF [08PORAl

SUBJECT: LAW

DATE : Thursday 28th August, 2008

liME ALLOWED: 2~ Hours

INSTRUCTiONS:

TI-llS PAPER CONTAINS FOURTEEN (14) QUESTIONS, CANDIDATES ARE

REQUIRED TO ANSWER ANY TEN (10) QUESTIONS.

NB. WHE RE MORE THAN TEN (10) QUESTIONS ARE ANSWERED, ONLY T HE
Fll<ST l'EN (1()) WILL BE ASSESSED.

I (a) State the words of the caution under Ru le 2 o f the Judges' Ru les. (5 marks)

(b) Rule 5 (c) of the Judges' Rules provides that where a person making a statement
ind icates that he wants to wri te it himse lf, he shall be asked to write out a caution.
State the words of the caution that the person shall be asked to write. (5 marks)

2. Slate the statutory time limi t for instituting proceedings for each of the following
offences:

(i) Fraudulent Conversion (summary)

(ii) House-breaking and Larceny
(iii) Embezzlement (summary)
(iv) Being found by night in possession of house breaking implements
(v) Obtaining property by use of a d ishonoured cheque
(2 marks each)

..,
_) . (a) State the elements necessary to establish the offence of burglary. (Smarks)

(b) At 9:55 pm one night a thief fo rced open a door to a stranger's home where he
stole several items of expensive jewellery an d left via his point of entry . No one
was at home at the time. The thief was subsequently held and charged for the
o ffence of burglary .

What are the chances of a conviction for this offence?

State briefly the reasons for yo u.r answer. (5 marks)

4. (a) What is meant by the term "standard of proof'? (Smarks)

(b) What is the "standard of proof" in a c ivil case? (5 marks)

5. (a) Explain the meaning of "arTestable offence". (5 ma rks)

(b) Explain the meaning of the term "wound". (5 ma rks)

6. State whether the following statements are true or false:

a) The defence of"provocation" is only avuilable on a charge of murder.

b) The consent of the Director of Public Prosecutions must be obtained before

procecd.ings can be init iated for the offe nces Linder the Pc1jury Act.

c) A hybrid offence is a n offence catered fo r under the f-o restry /\ct.

d) All offences of robbery are indictable.

(2 Yz marks eac h)

7 (i.l) Name four (4) ways by which an accused per'son may be identified. (4 marks)

(b) Name six (6) defences available to a defendant under the criminal law. (6 ma rks)

8. 1\ womhn purchased some goods at a store one day and made payment by way of a
cheque that she dated one month in the future . On the day that the cheque was dated, the
proprietor deposited it into his bank account. fiowever, the cheque was not honoured for
payment. The proprietor came to your station and complained that for the past month he
had bec11 making efforts to have the matter settled with the lady, but she had not made
guod on her debt. You were at the station when the repo rt was made and you overheard
the sentty telling the proprietor that the facts of his report did no t disclose any criminal
offl: m.:c.

Do you agree with the view of the sentry?

Exp la in fully the reasons for your answer. (1 0 ma rks)

9. 1\ man's thirteen-year-old daughter lives with him and is enrolled at a Secondary School.
llowcvcr, sometime ago the father received information that she is an absentee. He had
repeatedly spoken to her about her conduct. One morning he flogs her with a strap,
\Vhich leaves no visible injury on her. She then reports the matter to the community
police and it is being considered to prosecute him for the offence of"assault by beating".

Is there any defence available to the father?

Expla in fully the reason fo r your answer. (10 marks)

I 0. Whilst on patrol one day a policeman observed an unusual bulge on the waist of a man
who was standing at the roadside. The policeman became suspicious of the bulge and
approached the man and informed him of his suspicions. When the police officer
searched the man, he found that the bulge in the man's waist was in fact a starting pistol.
The policeman asked the man for his permit, whereupon the man replied that he
sometimes officiated at sports meetings and in any event there was no need for him to
have a licence for a starting pistol.

What charge, if any, can be laid against the man?

Discuss fully the reasons for your answer. ( 10 ma rks)

2
II . 1\ young lady entered a taxi around 8 o'clock one evening to go home. When the car
reached her area all the other passengers had alighted at their destinations, so that she was
the lone passenger. On approaching her stop she paid the fare and told the driver where
she wanted to stop. However, the driver found her to be rather attractive and thought that
if she got to know him, she would like him. lie passed her stop and despite her insistence
that he s(op he continued on the way to take her beyond her destination. But in the face of
her continued protests he aborted his plan and stopped the car to explain. The young
woman ran out of the car and went to the police stcHion and made a report. The sentry
asked her whether the driver had made any demand s on her and she said no. He then told
her that she was lucky and th<tt all he could do was Warn the tax i driver not to do it again
us in the' absence of a demand prior to releasing her, no criminal offence had been
cstabl is heel.

What offcm:e, ifahy, was comm itted?

Discuss fully the reasons for your answer. (10 marks)

12. A mother went into the supermarket with hct three year old daughter to shop. The
daughter wandered away frorh her mother while she was checking the shopping list. A
few moments latet the child returhed with a wallet containing an identification card,
driver's permit and three hundred dollars in cash. The mother did not know the person
identified in the wallet. She therefore used the money and handed over the wallet with the
documents to the cashier at the store.

Did the mother comm it any offence?

Disc uss full y the reasons for your answer (1 0 marks)

13. One day a man went to a party where he met a young woman for the first time with
whom he shared company the ent ire ni gh t. As the days passed, they kept in touch and
soon started to have sexual relations. One day an older relat ive of the girl saw her in the
company of her male companion and recognized him as the illegitimate son of the girl 's
f<lthcr. He became incensed with the relationship that the girl had with her brother and
told the girl's mother about the boy. The mother got furious and reported the matter to
your station for her daughter's new found lover to be prosecuted.

What offence, if any, was committed?

Discuss fu lly the reasons for your answer.

14. A woman is in an abusive relat ionship with her husband. She comes to your station
seeking advice on what is meant by "conduct amo·unting to emotional and psychological
abuse" under the Domestic Violence Act.

N~1mc fiv e (5) examples of such conduct in accordance with the Act. (10 marks)

End