Law Unit 4 14th June 2013 (AQA)

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What property offences does anyone think might come up? TDoing some last minuite revision and tryin to decide which ones to go over... Hope theft, robbery or burglary comes up!

Reply 381

Warda3

Original post by Cheese man

What don't you understand about it?

.

Basic offences of criminal damage :biggrin:

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Reply 382

seana39223

Original post by natasha007a

What property offences does anyone think might come up? TDoing some last minuite revision and tryin to decide which ones to go over... Hope theft, robbery or burglary comes up!

Theft is 99.999% sure to come up and fraud is 90% likely to come up in one of the scenarios.

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Reply 383

Cheese man

Original post by Warda3

.

Basic offences of criminal damage :biggrin:

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I think it's one of the nicer offences really
AR
Destroy or damage - Roe v Kingerlee, matter of fact and degree - Hardman, Blake, will it cost money time and effort to remove - Fiak, temporary impairment may be damage - A v R, if there are no costs in clean up then no damage
Property S10 (1) same as theft but you can't damage plants
Belonging to another S10 (2) must be someone elses property, and you can damage property you co-own - Smith, damaged a light fitting in a property he rented

MR
Intention (to destroy or damage property belonging to another) - must be intention to do the damage - Pembleton, intended to throw the stone, but did not intend to break the window
Recklessness - this is now subjective - saw a risk but took it anyway - G and R

Lawful excuses:
S5 (2) a) consent - Denton, thought his manager wanted him to burn the place down
S5 (2) b) damaging property to protect other property - Hunt, the property must be in immediate danger - Creswell and Currie, must be property - Baker and Wilkins, can't be used for defending a person

+

S5 (2) a) plus S5 (3) drunken mistake - Jaggard v Dickinson - belief may be honestly held if caused by intoxication, stupidity, forgetfulness or inattention

:biggrin:

hope I helped

Reply 384

Warda3

Original post by Cheese man

hope I helped

Thank you so much good luck for tomorrow

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Reply 385

mattcole320

Original post by lankan-gurl

Oh ok thanks :smile:

but do you talk about the other elements of robbery too such as force immediately before or at the time of force etc and is that the same for burglary you have to go through all elements of theft then a paragraph on burglary?

Basically the first element of robbery is theft. So you do all of theft and then continue with the other elements.

Burglary is different. The common elements of 9(1)(a) and 9(1)(b) is entry, building or part of a building and trespasser. Then you go through the specifics of each. You do not have to go through theft

(edited 10 years ago)

Reply 386

freakchild

please god let law and morals come up

Reply 387

SteJayT

Looking at a previous paper there's a scenario where D puts a foreign coin into a vending machine, is this Fraud by false representation?

Reply 388

52807

Could someone do a quick summary of devlins debate please?

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Reply 389

tulips17

Original post by SteJayT

Looking at a previous paper there's a scenario where D puts a foreign coin into a vending machine, is this Fraud by false representation?

Yes

Reply 390

AyshaK

Original post by 52807

Could someone do a quick summary of devlins debate please?

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The wolfenden comittee published a report on prostitution and homosexuality leading to sexual offences act 1967 and wanted to make prostitution legal as it only harmed individual concerned, but since soliciting in public is an offence it remained illegal and homosexuality was legalised aslong as people involved consented and acts done in private. They wanted to increase amount of free will but still protect society from danger. Devlin disagreed and said social behaviour should be linked with christian principles even though there is less influence by religion. He believed strict moral code was needed that should reflect biblical rights and wrongs and said that society was made up of people who share basic values and without consensus belief society would disintergrate. He said if morals prevent chaos then law should be enforced and conduct that causes intolerance, indignation and disgust should be controlled by law

Hart disagreed with devlin and supported the wolfendon report. He argued that society was made up of diffrrent types of people with different beliefs therefore should be a mixture of moralities. He said that society was capable of containing more than one moral value without disintergrating therefore had pluralistic view and argued that enforcing moral values by using law restricts freeedom and law should only justified when acts endager society or individual concerned

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Reply 391

mattcole320

Sorry to be repetitive but their seems to be ambiguity. The most likely 2 essay questions to come up are Law and Morality and Law and Justice?

Reply 392

lharto

Original post by mattcole320

Sorry to be repetitive but their seems to be ambiguity. The most likely 2 essay questions to come up are Law and Morality and Law and Justice?

I would ague that morality and creativity would come up to be fair

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Reply 393

rosscmullins

Predicting whats going to come up is always extremely risky

Reply 394

SteJayT

Original post by tulips17

Yes

Thanks!

Reply 395

Cryl

Ow. I just did a past paper with doing the concept questions first and the scenarios second. Although I saved quite a lot of time, my writing gets messier towards the scenario questions because my hands starts aching. And my mind starts drifting! >.<