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Aqa Law Unit 3 15th june 2012

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Reply 20
Original post by Tom Hardy
What I do is for example say, "In so and so committing the act of this, the most likely offence would be that of a s.20 malicious wounding offence whereby the actus reus and mens rea for this offence must be satisfied for conviction". Then I go into applying the law to the detail of the AR and MR. Like "The actus reus for a s.20 OAPA 1861 offence is that of an act or omission which inflicts wounding (Eissenhower) or greivous bodily harm (Smith) upon another, followed by the application and detail of what amounts to a wound etc.

Am I right in that there are multiple non-fatals within the scenario which must be dealt with like for example, a s.20, s.47 and also a common assault followed by a defence all in one para and Q?

Lastly, when setting you're Murder scenario essay out do you explain the AR and MR of murder then apply and say murder would be the conviction without taking into account any defences, then go on to explaining any defences of loss of control or DR below if any occur in the scenario?

Thanks!


ohh right thanks for that.

yeah yeah that is what seems to be the case or there could be a causation issue etc...

i explain AR then apply, then MR then apply that. then i will say he would most likely be found guilty for murder however should he plead a partial defence his conviction will be lowered to voluntary manslaughter. then explain the partial defences and apply them to scenario. there might be general defences sometimes aswell.
Reply 21
Yeah sounds good, I've been revising for my English Language and History exams for next week which has taken a lot of my time up unfortunately. It's a good job I resat the Unit 2 Law last week, as a decent amount of the content for that comes in handy for this one. I've got two A level essays for the Defenses and NFO so if I get them learned and out the way with first in the exam, that should be a third of the marks bagged!
Reply 22
Original post by Tom Hardy
Yeah sounds good, I've been revising for my English Language and History exams for next week which has taken a lot of my time up unfortunately. It's a good job I resat the Unit 2 Law last week, as a decent amount of the content for that comes in handy for this one. I've got two A level essays for the Defenses and NFO so if I get them learned and out the way with first in the exam, that should be a third of the marks bagged!


ohh right yeah i see dont worry you cant get lower than a B anyways cuz thats what you got last time right? yeah unit 2 and unit 3 for the non fatals is more or less the same thing. Really? would you be able to send me a copy aswell please, would really appreciate that.
Hey,
I think the exam might be okay this time, but I am very confused for one part. When explaining about murder, for the MR it has a lot of cases based on the foresight of consequences, but these cases are all follow ups. Do we need to know all of those cases? Thank you. How is everyone feeling about the exam which is exactly one week away =s
Reply 24
Original post by help pls
Hey,
I think the exam might be okay this time, but I am very confused for one part. When explaining about murder, for the MR it has a lot of cases based on the foresight of consequences, but these cases are all follow ups. Do we need to know all of those cases? Thank you. How is everyone feeling about the exam which is exactly one week away =s


What do you mean by these cases are all follow up? the cases you need for MR are R v Vickers, R v Nedrick, R v Woolin and R v Matthews & Alleyne.

feeling good tbh could do the paper now if i wanted to :smile: wbu?
Reply 25
I really hope AQA don't do what they did in the Jan paper - putting non fatals and manslaughter into one question!! :s-smilie:
Reply 26
Original post by blue_
I really hope AQA don't do what they did in the Jan paper - putting non fatals and manslaughter into one question!! :s-smilie:


I know, do you think they will or do you think that january paper was just a wake up call for schools to teach the whole syllabus?
Reply 27
Original post by govarkarim
I know, do you think they will or do you think that january paper was just a wake up call for schools to teach the whole syllabus?


I really hope they don't! I hate manslaughter! Possibly, I think they may have done it because apparently the paper was becoming to predictable!!
Did you sit the paper in Jan? I could of cried when I saw that question because I wanted to answer the question on murder having revised it!
Reply 28
Original post by blue_
I really hope they don't! I hate manslaughter! Possibly, I think they may have done it because apparently the paper was becoming to predictable!!
Did you sit the paper in Jan? I could of cried when I saw that question because I wanted to answer the question on murder having revised it!


Same here. I know same here. yeah i got a D thats why im resitting wbu? same here i was confused for like 5 mins and was like wtf this was not part of the plan lol :P
Reply 29
Original post by govarkarim
Same here. I know same here. yeah i got a D thats why im resitting wbu? same here i was confused for like 5 mins and was like wtf this was not part of the plan lol :P


I got a C. What are you aiming for overall? :smile: I hope this paper is easier than Jan! I really hope that defences comes up as the evaulation question - I think i'll go crazy if murder comes up again :frown: but I wouldn't put it past AQA doing that again!
Reply 30
Original post by blue_
I got a C. What are you aiming for overall? :smile: I hope this paper is easier than Jan! I really hope that defences comes up as the evaulation question - I think i'll go crazy if murder comes up again :frown: but I wouldn't put it past AQA doing that again!


how many ums points? I need a B overall for uni :smile: i got an A for AS so i only need a C overall in A2... and with unit 4 being a bit harder than 3 im hoping i can get an A in this paper so that way i only need like an E in the unit 4 paper. wbu what are you aiming for and what did you get for AS? yeah i have a feeling the defences will come up... but i would be happy if non fatals came up for the evaluation. I dont think that AQA will ask for murder evaluation again either.
Reply 31
Original post by govarkarim
how many ums points? I need a B overall for uni :smile: i got an A for AS so i only need a C overall in A2... and with unit 4 being a bit harder than 3 im hoping i can get an A in this paper so that way i only need like an E in the unit 4 paper. wbu what are you aiming for and what did you get for AS? yeah i have a feeling the defences will come up... but i would be happy if non fatals came up for the evaluation. I dont think that AQA will ask for murder evaluation again either.


I think it was 63 you? Thats good, takes the pressure off of unit 4! Unit 4 is hard and theres so much to remember! :frown: Well i'd like an A - got a B at AS.
I'd love it if defences came up - i've revised it so fingers crossed. Yeah I thought that, surely they won't ask it again but you never know with them. I just want this exam over with now!! Are you revising everything? including manslaughter? because in Jan I made the mistake of revising everything except manslaughter as I thought i'd get the option to choose between manslaughter and murder! I'm just scared they do the same thing in Jan and mess up the question again.
Did your teacher tell you what marks you got on each indivdual question for the Jan paper? :smile:
Reply 32
Original post by blue_
I think it was 63 you? Thats good, takes the pressure off of unit 4! Unit 4 is hard and theres so much to remember! :frown: Well i'd like an A - got a B at AS.
I'd love it if defences came up - i've revised it so fingers crossed. Yeah I thought that, surely they won't ask it again but you never know with them. I just want this exam over with now!! Are you revising everything? including manslaughter? because in Jan I made the mistake of revising everything except manslaughter as I thought i'd get the option to choose between manslaughter and murder! I'm just scared they do the same thing in Jan and mess up the question again.
Did your teacher tell you what marks you got on each indivdual question for the Jan paper? :smile:


Thats better than my 50 :frown: yeah are you doing tort? ohh cool cool....yeah same here ive revised insanity and consent wbu? well i havent revised manslaughter but i might go over it quickly.... i think if the same thing came up as the january paper i will just do the non fatal question because involuntary manslaughter wasnt in that one..... yeah i got 10/30 marks for the first question cuz i got put of so much by the involuntary manslaughter part so didint even do it properly... for the second question i got 22/25 so i was happy with the murder part and lastly for the evaluation i got 12/25 and that was because i didnt evaluate the partial defences so yeah i did crap but this time round i reckon if I did that same paper tomorrow i would get a B... wbu what did you get?
Reply 33
Original post by govarkarim
Thats better than my 50 :frown: yeah are you doing tort? ohh cool cool....yeah same here ive revised insanity and consent wbu? well i havent revised manslaughter but i might go over it quickly.... i think if the same thing came up as the january paper i will just do the non fatal question because involuntary manslaughter wasnt in that one..... yeah i got 10/30 marks for the first question cuz i got put of so much by the involuntary manslaughter part so didint even do it properly... for the second question i got 22/25 so i was happy with the murder part and lastly for the evaluation i got 12/25 and that was because i didnt evaluate the partial defences so yeah i did crap but this time round i reckon if I did that same paper tomorrow i would get a B... wbu what did you get?


No i'm doing criminal, is tort really hard? I've done insanity and automatism - they don't specify in the question which two we have to do, do they? We can do any defences? Yeah, I agree, I think i'll go over it briefly and hope for the best! You did well on the murder question - they are the best because they're just straightfoward. I got 18/25 on the first question, 21/25 on the second, and 16/25 on the evaulation question. I think if they give us a straightfoward non fatal and murder question, and the defences evaulation we should do well! :smile:
Reply 34
Original post by blue_
No i'm doing criminal, is tort really hard? I've done insanity and automatism - they don't specify in the question which two we have to do, do they? We can do any defences? Yeah, I agree, I think i'll go over it briefly and hope for the best! You did well on the murder question - they are the best because they're just straightfoward. I got 18/25 on the first question, 21/25 on the second, and 16/25 on the evaulation question. I think if they give us a straightfoward non fatal and murder question, and the defences evaulation we should do well! :smile:


Yeah tort is hard tbh, theres a lot to know... how is criminal? No they dont they will give us the choice of any two. yeah exactly i was prepared for the murder and normal non fatals but then the involuntary manslaughter really put me off. and for the evaluation i didnt know it fully tbh so thats why i did bad on that part. you did good tbh.... yeah i know hopefully.
Reply 35
Original post by govarkarim
Yeah tort is hard tbh, theres a lot to know... how is criminal? No they dont they will give us the choice of any two. yeah exactly i was prepared for the murder and normal non fatals but then the involuntary manslaughter really put me off. and for the evaluation i didnt know it fully tbh so thats why i did bad on that part. you did good tbh.... yeah i know hopefully.


Criminals quite interesting, just a lot to learn. I felt the same, I had revised the evaulation except the partial defences. I honestly don't know why I didn't do the first scenario, apparently it was much easier - just non fatals?
Reply 36
Original post by blue_
Criminals quite interesting, just a lot to learn. I felt the same, I had revised the evaulation except the partial defences. I honestly don't know why I didn't do the first scenario, apparently it was much easier - just non fatals?


ohh right cool cool....

yes i know i just saw murder and went for it really i didnt read the other scenario which was a stupid mistake :frown: ohh well next friday im hopefully gone smash the exam aha :P hopefully an A if it is non fatals only, murder, then evaluation of defences if not non fatals.
Reply 37
Original post by govarkarim
ohh right cool cool....

yes i know i just saw murder and went for it really i didnt read the other scenario which was a stupid mistake :frown: ohh well next friday im hopefully gone smash the exam aha :P hopefully an A if it is non fatals only, murder, then evaluation of defences if not non fatals.


I was exactly the same, I was so ready for murder that I just jumped straight in. That would be a dream paper, but you never know with AQA. Hopefully we both get an A next friday :biggrin::biggrin:
Original post by govarkarim
What do you mean by these cases are all follow up? the cases you need for MR are R v Vickers, R v Nedrick, R v Woolin and R v Matthews & Alleyne.

feeling good tbh could do the paper now if i wanted to :smile: wbu?


Yes, they start off with Moloney moving to Hancock and Shankland, Nedrick, Woollin and finally Matthews and Alleyne. However, Woollin is the leading case and Matthews and Alleyne kinda of follows in Woollin's footsteps. So do we need to know Moloney, Hancock and Shankland and Nedrick?

I guess if the evaluation question is on defences and the paper wasn't like the one in Jan, then yeah I should be fine. Do you think it would be fine not to revise Involuntary Manslaughter?
Reply 39
Original post by help pls
Yes, they start off with Moloney moving to Hancock and Shankland, Nedrick, Woollin and finally Matthews and Alleyne. However, Woollin is the leading case and Matthews and Alleyne kinda of follows in Woollin's footsteps. So do we need to know Moloney, Hancock and Shankland and Nedrick?

I guess if the evaluation question is on defences and the paper wasn't like the one in Jan, then yeah I should be fine. Do you think it would be fine not to revise Involuntary Manslaughter?


well this is how I write my answer for the mens rea.

This last phrase of the definition “malice aforethought” has been interpreted to mean the intention to kill, R v Maloney or the intention to cause grievous bodily harm, R v Vickers 1957. There does not have to be direct intention, as oblique intentions will exist if death or serious injury was a virtual certainty, R v Woolin and in R v Nedrick the court held that there is intention if it was reasonably foreseeable that death or serious harm would occur. The jury can infer intent from these actions R v Matthews v Alleyne, as satisfying the Mens Rea of the element.

I personally think it would be because there will be a scenario where there wont be involuntary manslaughter. its either one scenario on murder and one on involuntary manslaughter or one scenario all non fatals and one scenario on involuntary manslaughter and murder and non fatals.

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