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    (Original post by G0verton23)
    If they asked a question on murder and involuntary manslaughter what would the other scenario likely to be on? I do know murder however I'm far more confident on IVM and I'd rather spend the last few hours on evaluations.
    There is a chance that there will be a mixed question in both sides OR one involuntary manslaughter/one murder.
    It's unsure to say but I totally wouldn't risk it, just read over it and make notes of the general points.
    Is just go over evaluations then, they are 25 marks (third of your essay) which means more than 14 marks from a mixed question when you don't do murder!


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    (Original post by Boffin0121)
    Guys I'm really confused about involuntary manslaughter questions because I don't know whether or not you have to talk about murder (e.g. Lord Coke's definition & mens rea malice aforethought etc) or do we just dive into the question by just talking about gross negligence manslaughter and unlawful act manslaughter??? PLEASE HELP! Look at the exeplar on question 2, on the mark scheme it says to get sound on the gross negligence section of question 2, you must have spoken about murder and gross negligence manslaughter but I don't get how that works! Here's the link with the exemplar: http://filestore.aqa.org.uk/subjects...X-CRIMINAL.PDF PLEASE HELP ME!
    I think it means that basically you could argue either murder or gnm for Izaak killing Harry, in a combination or just choosing one of them as you could justify either offence, as there is both an act and an omission present
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    (Original post by charlottelisa)
    I think it means that basically you could argue either murder or gnm for Izaak killing Harry, in a combination or just choosing one of them as you could justify either offence, as there is both an act and an omission present
    But how could it be possible to argue murder for Izaak because he hasn't actually done anything to kill Harry and he doesn't have express or implied malice aforethought to unlawfully kill - so how does it work?
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    (Original post by Oshoko)
    What were the 6 omissions you were referring to
    Why can we not do the caparo test for duty of care?
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    (Original post by awesomewarsome)
    Why can we not do the caparo test for duty of care?
    Read the responses I posted why
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    (Original post by Boffin0121)
    But how could it be possible to argue murder for Izaak because he hasn't actually done anything to kill Harry and he doesn't have express or implied malice aforethought to unlawfully kill - so how does it work?
    Thats not the point. Some people will interpret that situation as GNM whereas others will interpret murder. Its best to stick to what you can identify
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    (Original post by Boffin0121)
    But how could it be possible to argue murder for Izaak because he hasn't actually done anything to kill Harry and he doesn't have express or implied malice aforethought to unlawfully kill - so how does it work?
    Why does it matter to you. If you answered GNM which you should have done you would have got full marks. Don't go into exam thinking you can sidestep an involuntary manslaughter question with the hopes of murder being available on the mark scheme for the same level of credit. AQA are sporadic with potential contents so base your answer on the wording of the question instead as that's a sure fire way to gain maximum marks.
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    My friend needs a lawyer but we're too broke, can any of you be his representation
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    (Original post by DonTSR123)
    My friend needs a lawyer but we're too broke, can any of you be his representation
    dont troll in here please
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    Does anyone know if the defences are the same for offences against the person and property? Other then duress! Can we use the same notes/cases etc or do they have to apply to properly in unit 4?
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    (Original post by harriet__smith)
    Does anyone know if the defences are the same for offences against the person and property? Other then duress! Can we use the same notes/cases etc or do they have to apply to properly in unit 4?
    Unit 4 (Property Offences) only include Self-Defence, Intoxication and Duress. Nothing else, all the same cases explanations etc.


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    (Original post by Boffin0121)
    But how could it be possible to argue murder for Izaak because he hasn't actually done anything to kill Harry and he doesn't have express or implied malice aforethought to unlawfully kill - so how does it work?
    The mark scheme on the link says 'the description of the relevant conduct as either an act (preventing access to treatment) or an omission (failure to summon treatment);' so whilst I personally would have gone with gnm, aqa must believe that its possible to sustain an argument for murder or that students may acknowledge that in answers I suppose, although it would most likely be easier just to go with gnm
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    Is it likely that the evaluation question on murder will come up tomo?
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    Read first post
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    (Original post by jessparhar)
    Is it likely that the evaluation question on murder will come up tomo?
    no most likely NFO
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    (Original post by jessparhar)
    Is it likely that the evaluation question on murder will come up tomo?
    Nope. It's the least likeliest, it was on last year. Likely to be non-fatals then general defences then murder/manslaughter.


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    (Original post by Rust Cohle)
    Read the responses I posted why
    We've been taught to do the Caparo v dickman three part test. If applying donohugh v stevenson, how would you elaborate on the neighbour test - what would the explanation be?
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    (Original post by awesomewarsome)
    We've been taught to do the Caparo v dickman three part test. If applying donohugh v stevenson, how would you elaborate on the neighbour test - what would the explanation be?


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    Neighbour is any person that directly affected by D's acts/omissions, that D must reasonably hold them in contemplation when considering carrying out said acts/omissions.

    E.g.
    Alison was shopping and supermarket in busy fruit aisle. Alison split a drink. Another customer slipped and fell.

    That customer would be considered here neighbour as Alison should have thought about the risk to safety in the act of creating a wet floor and/or in the omission of failing to clean said floor. Customer directly affected as slipped and fell.

    ------------

    That said, alternatively, you can establish DOC by creation of dangerous situation as per Miller. Breach in her omission to address the risk of situation.
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    Thank you v much!
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    (Original post by jessparhar)
    Is it likely that the evaluation question on murder will come up tomo?
    Na, highly doubt murder will come up as it came on last year. Also, it can be noted that aqa haven't repeated the same essay in this spex (past 10 papers) so i'd advise you to focus generally of NFO and a little bit of GD
 
 
 
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