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Aqa law unit 3/4 *official thread*

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Reply 40
Original post by OrdinaryStudent
Yes, involuntary manslaughter is not part of murder. In order to prove invol manslaughter you go the 3 part test for either and or both unlawful act and gross negligence. A general defence may also apply


Thank you very much :smile:
Just wondering
for gross negligence manslaughter do you prove

-duty of care
-breach of duty
-gross neligence
-risk of death

for the actual breach do you talk about how the act has resulted in death through causation? as it has caused the death or do you talk about that with risk of death?
Reply 42
Original post by SunDun111
http://filestore.aqa.org.uk/subjects/AQA-LAW03-QP-JAN13.PDF

Can you explain to me how you would answer the question question on first scenario, I've learned all the content but can't get my head round the scenarios.


This without a doubt is a tricky question...

Basically:
Alice - Beth = Assault 'narrowly missed Beth' - wouldn't be guilty of an offence on the basis she hasn't formed the AR of assault 'to cause v to apprehend immediate unlawful personal violence' so no offence would be committed against Beth.
Alice- Chris = Transferred malice (do this when applying the MR) S.47 abh could be both an assault or battery but i'd argue an assault (it would be easier). Vs own act could also be made relevant.
Alice-Dave = s.20 gbh/s.18 its likely to be s.18 on the basis she intended to throw the vase at Beth but it missed her. (Thin skull rule can also be took into acc as can age)
Defences: Insanity and automatism.

REMEMBER TO DEFINE ABH AND GBH

Bit of a lengthy question for 25 marks ;/
Original post by NHM
This without a doubt is a tricky question...

Basically:
Alice - Beth = Assault 'narrowly missed Beth' - wouldn't be guilty of an offence on the basis she hasn't formed the AR of assault 'to cause v to apprehend immediate unlawful personal violence' so no offence would be committed against Beth.
Alice- Chris = Transferred malice (do this when applying the MR) S.47 abh could be both an assault or battery but i'd argue an assault (it would be easier). Vs own act could also be made relevant.
Alice-Dave = s.20 gbh/s.18 its likely to be s.18 on the basis she intended to throw the vase at Beth but it missed her. (Thin skull rule can also be took into acc as can age)
Defences: Insanity and automatism.

REMEMBER TO DEFINE ABH AND GBH

Bit of a lengthy question for 25 marks ;/


Thank you can you answer my above question.. I am so bloody nervous my spot in uni depends on this exam :frown: Oh god if i dont get in im just gona end up working at macys :frown:
Reply 44
Original post by SunDun111
Thank you can you answer my above question.. I am so bloody nervous my spot in uni depends on this exam :frown: Oh god if i dont get in im just gona end up working at macys :frown:


I haven't got time to answer it or I would :frown: what are you predicted?
Original post by NHM
I haven't got time to answer it or I would :frown: what are you predicted?


ABB Need to get a B in law, its only a small question just asking for gross neglience manslaughter if

-Duty of care
-Breach of duty
-Gross negligence
-Risk of Death
which one would yout alk about causation?
Original post by SunDun111
ABB Need to get a B in law, its only a small question just asking for gross neglience manslaughter if

-Duty of care
-Breach of duty
-Gross negligence
-Risk of Death
which one would yout alk about causation?
Check the other thread, I made a post on GNM structure. Also do yourself a favour and read examiner's reports. It's often the difference between a sound and a clear response.
Are we all hoping for the non-fatal reform essay?
Reply 48
I acc hope for defences
Original post by Valesker
Are we all hoping for the non-fatal reform essay?
Anyone got predictions for contract? Xxx
Reply 50
What is the structure for answering a robbery scenario?

Confused as it doesn't have a proper actus Reus

Thanks
Do theft first.

Robbery AR:
Force used (Dawson James, B&R, Clouden, Bentham)
Immediately before or at time of theft (Hale)

MR:
Force used in order to steal (Vinall, Lockley)

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Original post by rkuni16
What is the structure for answering a robbery scenario?

Confused as it doesn't have a proper actus Reus

Thanks



.
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