The Student Room Group

OCR A2 LAW G153 Criminal Law 1 - June 2013

Scroll to see replies

Will there definitely be a defence question for Q1? (So Intoxication, Duress, Consent, Self-Defence, Automatism, Insanity and Diminished Responsibility/Loss of Control)

I'm not remembering any of my revision so I was wondering if it would be enough to focus on only the defences for the Q1 analysis and evaluation essay?
Original post by R.Holly226
Will there definitely be a defence question for Q1? (So Intoxication, Duress, Consent, Self-Defence, Automatism, Insanity and Diminished Responsibility/Loss of Control)

I'm not remembering any of my revision so I was wondering if it would be enough to focus on only the defences for the Q1 analysis and evaluation essay?


It would be enough, yes. Note that self defence was on Jan 13 as a Q1, insanity automatism is our special study, and it's unusual for consent to come up without non fatal OAP (which came up in June 12) So it'll make it easier for you if you just do the others (duress/ intoxication are most favoured). Likewise, note that there's always a principle (causation, omissions, mens rea, strict liability), making the former 2 most likely to be on too since MR was on June 12, and SL was on Jan 13 :smile:
Original post by MonsterMorris
Yeah more or less, Stone and Dobinson , Evans and Khan and Khan are all examlples of gross negligence manslaughter. I've seen a past question 2 on involuntary manslaughter and it mentioned things to do with parent-child duties and it gave a scenario of a lifeguard not watching the pool and someone drowned, so that's pretty obvious. :smile:


Woo thanks again :smile: That makes it easier to revise them then, since I'm focussing on omissions ao2 for part of Q1, as well as gnm ao1 for Q2. I think this afternoon I'm just going to look at all invol mans Q2 markschemes anyway since they're all similar in what to include + do a practise Q2 essay :smile:
You've all been so much help. Thankyou!

Especially feelinginfinite, wouldnt have been able to do it without you guys . :smile:
Does Duress always come up with Necessity? Like for an essay question do I need to talk about it as well as Duress?
Original post by A sheesh
You've all been so much help. Thankyou!

Especially feelinginfinite, wouldnt have been able to do it without you guys . :smile:


Any time :wink:

Original post by danjones22
Does Duress always come up with Necessity? Like for an essay question do I need to talk about it as well as Duress?


I'm not entirely sure but personally, I'm going to include it just in case - it's not much extra to remember and it's on the markschemes for some essays on duress I've looked at :smile: Basically include:the case facts of Dudley v Stephens (they ate the cabin boy when shipwrecked), say it creates an overlap with duress by circumstance, since necessity isn't a defence to murder either, say it's choosing to do the lesser evil, that courts are not prepared to say it's a defence in all cases but equally unprepared to say it isn't a defence to any, say the anomaly of Re A (conjoined twins).
Hey I've just been told that we can use bulletpoints for question C questions and still attain full marks? Is this true?
Reply 667
Original post by danjones22
Does Duress always come up with Necessity? Like for an essay question do I need to talk about it as well as Duress?


Yeah you should always mention necessity in a duress essay :-)


Posted from TSR Mobile
Original post by millie-rose
Hey I've just been told that we can use bulletpoints for question C questions and still attain full marks? Is this true?


yep if u look at the examiner report they said bullet points are fine:smile:
HELP!!!

I have learnt every topic apart from Voluntary Manslaughter. Is this ok as it is the only topic I have skipped out?
Original post by millie-rose
HELP!!!

I have learnt every topic apart from Voluntary Manslaughter. Is this ok as it is the only topic I have skipped out?


I've only very briefly gone over voluntary manslaughter, I don't think its predicted as an essay question so I should imagine it'll be fine to leave it out.. if it came up I would avoid it anyway :smile:
Original post by millie-rose
Hey I've just been told that we can use bulletpoints for question C questions and still attain full marks? Is this true?

Dilemma boards

For each question you can rely on just 5 bullet points, but written as sentences.
-Identify and Define- if its theft define theft under section 1 of the theft act.
-Apply to scenario- has D fulfilled any part of the law? (eg in theft has D appropriated property?)
-Issues-Identify any problems (eg appropriation isnt always dishonest, shoppers do it everyday)
-Answer- D is/is not liable for....
-Conclude- The statement is therefore true/false

The last 2 bullet points are always the same layout, its the content of the first 3 that changes.
Hope I help!
In Whybrow, the defendant attempted to cause GBH to to his wife by attaching electrical wires to the bathtub. Despite misdirection to the jury, he was convicted of the attempt which is fair and protects the public.

Feelinginfinite this was in one of your essays but, can anyone help me.

wasnt whybrown not convicted of attempted murder because it couldnt be proven he had an intention TO KILL?
Original post by A sheesh
In Whybrow, the defendant attempted to cause GBH to to his wife by attaching electrical wires to the bathtub. Despite misdirection to the jury, he was convicted of the attempt which is fair and protects the public.

Feelinginfinite this was in one of your essays but, can anyone help me.

wasnt whybrown not convicted of attempted murder because it couldnt be proven he had an intention TO KILL?


In my notes I have written that although causing death or GBH with intent is enough to suffice for murder, the mens rea is more important for an attempt and nothing less than an intent to kill will suffice. However, Whybrow stated he only intended to cause GBH in shocking her with the electric wires (not to kill her), so this wasn't enough to be attempted murder.

Source: http://sixthformlaw.info/02_cases/mod3a/cases_41_inchoate_attempts.htm#Whybrow, R v *(1951) <I've just looked there to check, he was found not guilty of the attempt. Hope that helps :smile:

Edit: Misread your question, sorry! Yes, you're right, he was found not guilty of the attempt. However, if he was found not guilty of GBH in any way then it would go against public policy and cause public outrage (he had still harmed her), so he was convicted on a charge of GBH (non fatal OAP), not attempted murder... The bit I put in bold shouldn't say attempt- it should just say GBH :tongue:
(edited 10 years ago)
Ive just done a essay question on Duress-(with help from notes) and I fear ive put to much in it. Its 2 and a bit pages long and covers almost everything and every case. No way il remember all so what can I miss out?
Looking at the mark scheme it only mentions about 8 cases but ive allways been taught to have at least 15.

Is putting things like- this was applied in ...... and this can be shown in cases such as....... and ........ wasting my time or do I get marks?
Original post by danjones22
Ive just done a essay question on Duress-(with help from notes) and I fear ive put to much in it. Its 2 and a bit pages long and covers almost everything and every case. No way il remember all so what can I miss out?
Looking at the mark scheme it only mentions about 8 cases but ive allways been taught to have at least 15.

Is putting things like- this was applied in ...... and this can be shown in cases such as....... and ........ wasting my time or do I get marks?


You only need to include 8 cases - but these have to be developed (i.e - you have to write the case facts of them, what the courts held, as well as what they illustrate). I've found my duress essay is the same (it has about 15 cases in), but I can still write it in 50 minutes so I'm leaving it as that. If you find yourself just stating a case name, e.g "a similar case to Gotts is Wilson", then you wouldn't get a mark for simply mentioning a case- you do have to develop it. If you like, PM me your email and I'll email you my essay/ you can email me yours, then we can see what each of us have missed out? Might help us both :rolleyes:
Original post by feelinginfinite
You only need to include 8 cases - but these have to be developed (i.e - you have to write the case facts of them, what the courts held, as well as what they illustrate). I've found my duress essay is the same (it has about 15 cases in), but I can still write it in 50 minutes so I'm leaving it as that. If you find yourself just stating a case name, e.g "a similar case to Gotts is Wilson", then you wouldn't get a mark for simply mentioning a case- you do have to develop it. If you like, PM me your email and I'll email you my essay/ you can email me yours, then we can see what each of us have missed out? Might help us both :rolleyes:


I will do :smile: and Ive just gone through it with the mark scheme highlighting the points it says and you're right. A lot of wasted comments made. Cheers :smile:
Original post by danjones22
I will do :smile: and Ive just gone through it with the mark scheme highlighting the points it says and you're right. A lot of wasted comments made. Cheers :smile:


No problem. In all honsety, I think my essay includes a few names just dotted about with no development. I know I'll get no marks for them, but if they link nicely to my point then it helps me structure it better. It's not wrong, you just aren't awarded marks :smile:
Original post by feelinginfinite
You only need to include 8 cases - but these have to be developed (i.e - you have to write the case facts of them, what the courts held, as well as what they illustrate). I've found my duress essay is the same (it has about 15 cases in), but I can still write it in 50 minutes so I'm leaving it as that. If you find yourself just stating a case name, e.g "a similar case to Gotts is Wilson", then you wouldn't get a mark for simply mentioning a case- you do have to develop it. If you like, PM me your email and I'll email you my essay/ you can email me yours, then we can see what each of us have missed out? Might help us both :rolleyes:


Ahh, I barely ever write case facts , I know them but I'm rubbish at timing and always run out so I thought I could just say the legal point for a lot of them :/
Original post by MonsterMorris
Ahh, I barely ever write case facts , I know them but I'm rubbish at timing and always run out so I thought I could just say the legal point for a lot of them :/


Thats what I do. Like state the law and say this was established in ...... and confirmed in.......... . Teacher told me its law not the case that should be described, but il do a bit of both to be safe:smile:

Quick Reply