Jury and Cambridge International Examinations
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS General Certificate of Education Advanced Subsidiary Level and Advanced Level
LAW Paper 2 Data Response Additional Materials:
* 0 4 4 2 2 9 2 1 1 6 *
9084/02
October/November 2010 1 hour 30 minutes Answer Booklet/Paper
READ THESE INSTRUCTIONS FIRST If you have been given an Answer Booklet, follow the instructions on the front cover of the Booklet. Write your Centre number, candidate number and name on all the work you hand in. Write in dark blue or black pen. Do not use staples, paper clips, highlighters, glue or correction fluid. Answer one question. At the end of the examination, fasten all your work securely together. The number of marks is given in brackets [ ] at the end of each question or part question.
This document consists of 3 printed pages and 1 blank page.
DC (CB (SD)) 23678/3 © UCLES 2010
[Turn over
2 Answer either Question 1 or Question 2. You should make appropriate reference to the source material supplied for each question.
1
Gasper, Rasper and Jasper go down to the local bar. Later in the evening the police raid the bar looking for illegal drugs. They find Gasper sitting inside about to light a cigarette. Rasper is sitting on the terrace outside the bar smoking a cigarette. Jasper is sitting in the lounge bar with a lighted cigarette in his hand. All three are charged with the offence of smoking in a smoke-free place. The landlord has failed to put up any notices in the bar prohibiting smoking. (a) Consider whether each of the following has committed an offence under the Health Act 2006 and whether any of them has a defence: (i) (ii) (iii) Gasper Rasper Jasper. [20]
(b) Which court would they be prosecuted in? What steps can each take to appeal against any conviction or sentence? [10] (c) Consider the value of the purposive rule in statutory interpretation and whether it has advantages over other rules of interpretation used by judges when applying legislation. [20]
LAW Paper 2 Data Response Additional Materials:
* 0 4 4 2 2 9 2 1 1 6 *
9084/02
October/November 2010 1 hour 30 minutes Answer Booklet/Paper
READ THESE INSTRUCTIONS FIRST If you have been given an Answer Booklet, follow the instructions on the front cover of the Booklet. Write your Centre number, candidate number and name on all the work you hand in. Write in dark blue or black pen. Do not use staples, paper clips, highlighters, glue or correction fluid. Answer one question. At the end of the examination, fasten all your work securely together. The number of marks is given in brackets [ ] at the end of each question or part question.
This document consists of 3 printed pages and 1 blank page.
DC (CB (SD)) 23678/3 © UCLES 2010
[Turn over
2 Answer either Question 1 or Question 2. You should make appropriate reference to the source material supplied for each question.
1
Gasper, Rasper and Jasper go down to the local bar. Later in the evening the police raid the bar looking for illegal drugs. They find Gasper sitting inside about to light a cigarette. Rasper is sitting on the terrace outside the bar smoking a cigarette. Jasper is sitting in the lounge bar with a lighted cigarette in his hand. All three are charged with the offence of smoking in a smoke-free place. The landlord has failed to put up any notices in the bar prohibiting smoking. (a) Consider whether each of the following has committed an offence under the Health Act 2006 and whether any of them has a defence: (i) (ii) (iii) Gasper Rasper Jasper. [20]
(b) Which court would they be prosecuted in? What steps can each take to appeal against any conviction or sentence? [10] (c) Consider the value of the purposive rule in statutory interpretation and whether it has advantages over other rules of interpretation used by judges when applying legislation. [20]