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OCR A2 LAW G153 Criminal Law 1 - June 2013

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Can I write 'D' instead of defendant in the actual exam?
Reply 881
Avatar for jool
jool
OP
2
Original post by MIO14
i hate questions like this, the first few lines arent even relevant! :mad:


Original post by feelinginfinite
x


Adding on to what feelinginfinite said, always take the line that everything is relevant - they wouldn't put it in there otherwise. I noticed straight off with it being a special defences question that for loss of control, you can clearly see that whilst there may not have been an immediate fear of serious violence (as Carl was asleep), it is set in a history of violence and so there may be a justifiable sense of being wronged, the circumstances are of an extremely grave character arguably as it frequently happens when Carl is done.

Looking at it from a diminished responsibility perspective, arguably the fact he has hit her in the past and frequently does so when he drinks may suggest a case of battered wife syndrome. Hope this helps. :smile:
Reply 882
Avatar for hoping
hoping
Original post by feelinginfinite
Actually, there are a few points in there that you could have for AO2 simply by saying:
"By meeting on an online dating agency, it proves that Mille and Carl don't fully know each other. Particularly by how quickly they marry (within 6 months), it's arguable that Millie would be completely unaware that Carl is capable of violence if he hasn't shown it in this amount of time. The first time he does hit Millie is once they've already married, so it would be harder for Millie to leave him after this point since divorce proceedings would have to go ahead. However, the fact Carl apologies implies he shows remorse and wouldn't do it again, so it's understandable that Millie doesn't think further of it. It's significant that Carl is violent when drunk as this shows any injuries that may occur when he's intoxicated satisfy the mens rea of being reckless for any basic intent, since he's aware of how alcohol makes him react. Therefore, such violent actions could be avoided by avoiding alcohol"...

That would be my first paragraph in fact, listing a good few ao2 points straight away. That's only from the bit you've highlighted in bold, and after that I would just continue with the essay of course. Hope that helps- always pick at every little detail! :wink:


thanks for that :smile:
does this mean we will have to talk about ao1 for intoxication? and this is voluntary manslaughter, right ? provacation & diminished responsibility ? how would we know we have to use diminished, instead of insanity ? ;/
For q1 I've done intoxication, duress and necessity, attempts and causation.

is this enough, can't do anymore :frown:
Reply 884
Avatar for qr95
qr95
20
Original post by xleahchloe
Can I write 'D' instead of defendant in the actual exam?


First write it like this : defendant (D)
Reply 885
Avatar for qr95
qr95
20
Original post by A sheesh
For q1 I've done intoxication, duress and necessity, attempts and causation.

is this enough, can't do anymore :frown:


So what would you do if
Consent
Murder
Omission
Reply 886
Avatar for hoping
hoping
Original post by xleahchloe
Can I write 'D' instead of defendant in the actual exam?


i think you can. first im going to write, D (defendant), and then just D, from then on.
Reply 887
Avatar for hoping
hoping
may i ask, how are you guys revising at the moment?
Original post by hoping
thanks for that :smile:
does this mean we will have to talk about ao1 for intoxication? and this is voluntary manslaughter, right ? provacation & diminished responsibility ? how would we know we have to use diminished, instead of insanity ? ;/


It's voluntary manslaughter, yes, as jool has just replied to you saying :tongue: You wouldn't need ao1 intoxication, no, since on the night of the incident, Millie herself wasn't drunk. All you'd need to mention is the fact that Carl is often violent, which is when he drunk, so he can avoid it if he wants for instance.

Sorry, I'm not sure why you'd use insanity at all for this? :tongue: It isn't so much that Millie has a "disease of the mind/defect of reason/to not know the nature or quality or that it was wrong". Since it was just the frequency of the abuse that made her act, and she knew the nature of quality as well as how it was wrong. As jool said above, you'd use DR :smile: Talk about how it's battered wife syndrome, how she may feel as if she has no other choice etc. But then ao2 points can be: the fact women are weaker so she couldn't act on the violence "in the heat of the moment" since Carl would overpower her. I haven't revised voluntary manslaughter much at all if I'm honest :tongue:
Original post by ArsenalWenger
I think il relax for the remainder of the day. If I aint ready now then il never be ready...

Posted from TSR Mobile


Repped you mate, I think it's a fair idea. I don't really understand people that are desperately clutching at revision right outside the hall.

Best of luck lad (and everyone else here) :smile:
Original post by qr95
So what would you do if
Consent
Murder
Omission


Different person here, but I think it's worth the risk. The topics that the person above listed are quite likely to come up (duress/intoxication in particular), especially since there's usually a defence on. Consent is unlikely to come up without non fatal OAP since it's too short of a topic by itself... Everybody is taking risks on what's most likely now I think - I recall you saying you're only revising insanity+automatism for Q3 - that's risky, what would you do if attempts and theft came up? See what I mean? All risky :rolleyes:
Reply 891
Avatar for hoping
hoping
Original post by feelinginfinite
It's voluntary manslaughter, yes, as jool has just replied to you saying :tongue: You wouldn't need ao1 intoxication, no, since on the night of the incident, Millie herself wasn't drunk. All you'd need to mention is the fact that Carl is often violent, which is when he drunk, so he can avoid it if he wants for instance.

Sorry, I'm not sure why you'd use insanity at all for this? :tongue: It isn't so much that Millie has a "disease of the mind/defect of reason/to not know the nature or quality or that it was wrong". Since it was just the frequency of the abuse that made her act, and she knew the nature of quality as well as how it was wrong. As jool said above, you'd use DR :smile: Talk about how it's battered wife syndrome, how she may feel as if she has no other choice etc. But then ao2 points can be: the fact women are weaker so she couldn't act on the violence "in the heat of the moment" since Carl would overpower her. I haven't revised voluntary manslaughter much at all if I'm honest :tongue:



you know what! i think you should be a teacher! your explanation is so goood, lol, you make it so understandable, now i get it :smile: thank you.
ive revised voluntary manslaughter, however ive revised the old one, because our teachers said that would be fine. however, as i can see its not.
Reply 892
Avatar for qr95
qr95
20
Original post by feelinginfinite
Different person here, but I think it's worth the risk. The topics that the person above listed are quite likely to come up (duress/intoxication in particular), especially since there's usually a defence on. Consent is unlikely to come up without non fatal OAP since it's too short of a topic by itself... Everybody is taking risks on what's most likely now I think - I recall you saying you're only revising insanity+automatism for Q3 - that's risky, what would you do if attempts and theft came up? See what I mean? All risky :rolleyes:


Ok we will see if insanity automatism comes up

Posted from TSR Mobile
For Section A I've done causation, omissions, attempts, intoxication, duress and consent. Hope that'll be enough. I pray to God that involuntary manslaughter comes up on section B.
Original post by hoping
you know what! i think you should be a teacher! your explanation is so goood, lol, you make it so understandable, now i get it :smile: thank you.
ive revised voluntary manslaughter, however ive revised the old one, because our teachers said that would be fine. however, as i can see its not.

I just do my best to help, but thank you very much! :wink:

Original post by qr95
Ok we will see if insanity automatism comes up

Posted from TSR Mobile


I'm not saying it won't, just try not to criticise others for their reasons of revising certain topics. Afterall, it's more likely to be what they listed than murder, consent etc :smile:
Reply 895
Avatar for hoping
hoping
Original post by feelinginfinite
I just do my best to help, but thank you very much! :wink:



:smile: im only saying the truth. btw, what have you revised so far ? :smile:
Reply 896
Avatar for SN3920
SN3920
Original post by feelinginfinite
Final predictions (* next to things most likely/definite in my opinion)
Q1
Duress* (/intoxication)
Theft/Robbery + burglary* (/attempts)
Causation (/omissions)

Q2
Non fatal OAP*
Involuntary manslaughter*
Voluntary manslaughter

Q3
Insanity automatism
Theft* (/attempts)


This would make me very happy. Finding it hard to revise now. I've done Duress, Non Fatal, Property, Intox, Omissions in detail. A bit of invol. manslaughter, attempts and causation. Will quickly go over insanity and automatism. Absolutely hate murder/voluntary manslaughter but will try to do a bit just in case. Avoiding strict liability and the MRs.
(edited 10 years ago)
Original post by hoping

:smile: im only saying the truth. btw, what have you revised so far ? :smile:


Everything excluding strict liability. Only briefly skimmed over murder + voluntary manslaughter + intention/recklessness.
At the weekend I did everything that I wouldn't focus on (attempts, insanity automatism, necessity, causation, omissions)
As of Monday my revision has been focussed on personal predictions/best topics (duress, intoxication, non fatal OAP, theft, involuntary manslaughter) and going over those 6 topics pretty in depth :smile: How's your revision?

Original post by SN3920
This would make me very happy.


It would make me very happy too. Take my predictions with a pinch of salt though - I could be completely wrong :colondollar:
Reply 898
Avatar for qr95
qr95
20
Original post by feelinginfinite
I just do my best to help, but thank you very much! :wink:



I'm not saying it won't, just try not to criticise others for their reasons of revising certain topics. Afterall, it's more likely to be what they listed than murder, consent etc :smile:


You got to be kidding how us that criticising im questioning him what would he do if none of them came up its more encouraging him to learn a extra topic to be sure he has a question to answer and stop mis informing people consent Is too short of a topic to come by itself and it clearly has in the past

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(edited 10 years ago)
Reply 899
Avatar for Imog
Imog
9
Original post by hoping
may i ask, how are you guys revising at the moment?


I'm taking a break from law and doing some maths (I also have a maths exam tomorrow), but what I've done so far today is:

-gone through AO2 points
-preparing some model essays for subjects I'm strongest in and that are likely to come up (duress and intoxication in particular)

And later I will:

-go through AO1 for topics that might come up in section B (in particular theft, NFOs and involuntary manslaughter)
-look at past papers for section B and practice the application part of the question because that's the part of the whole paper I feel least confident about
-I'll look at a few section C questions but I'm quite confident with them, especially if insanity/automatism comes up because I know it back to front for the special study

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