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Official OCR A2 Criminal Law 2016 Thread

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Original post by Mactotaur
R v Lamb?


Yep, a good case to quote... and a stupid way to go.
Hi everyone,
Is anyone else NOT revising any defences? So insanity, automatism, duress and intoxication? I feel like I don't need to, provided that I revise thoroughly for every other topic (which I have). I've looked at every single past paper and in all 3 sections, there's never a whole set of questions that ask you to write about defences - there is always one that doesn't involve defences at all.
What does everybody think? I would revise it but I feel like I haven't got enough time and it's a HUGE topic!
Thanks everyone and good luck for Tuesday! :smile:


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Original post by rhiannaf
Hi everyone,
Is anyone else NOT revising any defences? So insanity, automatism, duress and intoxication? I feel like I don't need to, provided that I revise thoroughly for every other topic (which I have). I've looked at every single past paper and in all 3 sections, there's never a whole set of questions that ask you to write about defences - there is always one that doesn't involve defences at all.
What does everybody think? I would revise it but I feel like I haven't got enough time and it's a HUGE topic!
Thanks everyone and good luck for Tuesday! :smile:


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How can a question not involve defences? If they've committed a crime, which they will have because the scenarios are from criminal law, you list the possible defences available to them. List one or two even if they won't quite be able to use it.
Original post by rhiannaf
Hi everyone,
Is anyone else NOT revising any defences? So insanity, automatism, duress and intoxication? I feel like I don't need to, provided that I revise thoroughly for every other topic (which I have). I've looked at every single past paper and in all 3 sections, there's never a whole set of questions that ask you to write about defences - there is always one that doesn't involve defences at all.
What does everybody think? I would revise it but I feel like I haven't got enough time and it's a HUGE topic!
Thanks everyone and good luck for Tuesday! :smile:


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yeah you dont need to list defences to get full marks providing you know the other stuff:smile:
Original post by Mactotaur
How can a question not involve defences? If they've committed a crime, which they will have because the scenarios are from criminal law, you list the possible defences available to them. List one or two even if they won't quite be able to use it.


I might try to get the basic ideas behind each defence and say at the end of a question: X could use the defence of necessity because of this, this and this. Is that what you mean? Thanks


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Original post by SilverHorsey
yeah you dont need to list defences to get full marks providing you know the other stuff:smile:


Thankyou, that's really helpful!!


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Original post by 09876543211
I don't think so, I would rather focus on the point of law in the case. Sometimes mentioning actual outcome only makes things messier. For example: in Adams 1957 the point of law was that the acceleration of V's death will not break the chain of causation, however in fact Adams was not liable.


Thanks!
Original post by rhiannaf
I might try to get the basic ideas behind each defence and say at the end of a question: X could use the defence of necessity because of this, this and this. Is that what you mean? Thanks


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Yes - my Law teacher said to go through the defence until the logical conclusion. If there's a point which they fail at, there's no need to waste time elaborating any further.
Do you guys on the OCR board cover the appeals process? (I'm doing WJEC and thought I'd ask for some help here, there isn't much of a WJEC presence. :redface:)
Original post by SinsNotTragedies
Do you guys on the OCR board cover the appeals process? (I'm doing WJEC and thought I'd ask for some help here, there isn't much of a WJEC presence. :redface:)


Nope, that would be OCR Law - English legal system forums
Original post by Morgan_123
Nope, that would be OCR Law - English legal system forums


Oh okay. :colondollar: Just thought since WJEC ask a question about appeals in the criminal law paper... Thank you though. :tongue:
Original post by Mactotaur
Yes - my Law teacher said to go through the defence until the logical conclusion. If there's a point which they fail at, there's no need to waste time elaborating any further.


So, if I were to talk about insanity in Section B, would have to talk about these cases of Constanza, Kemp, Sullivan, Windle and etc, or am I fine just mentioning the legal principles?
Reply 292
Does anyone have a second analytical point for Dica? I have one but struggling to find another.
Original post by null.and.void.
So, if I were to talk about insanity in Section B, would have to talk about these cases of Constanza, Kemp, Sullivan, Windle and etc, or am I fine just mentioning the legal principles?


Well, those cases help illustrate the principles - Kemp helps explain what a disease of the mind is, Windle helps show that you have to know your act is legally wrong and considering it morally wrong is irrelevant.
Original post by GFEFC1
Does anyone have a second analytical point for Dica? I have one but struggling to find another.


What point have you already got?
Reply 295
Original post by Mactotaur
What point have you already got?


...
(edited 7 years ago)
Original post by GFEFC1
Erm, I've spoke about how Dica overruled Clarence in that consenting to sex automatically means you consent to the risk of infection... Dica now states that for consent to be fully informed the victim must be aware of the risk of infection...

Obviously more detail than that though.


Have you gone into how now if you knowingly transmit a disease to someone who is unaware, you can be charged with s.20?
Reply 297
Original post by Mactotaur
Have you gone into how now if you knowingly transmit a disease to someone who is unaware, you can be charged with s.20?


No! Thanks a lot
Reply 298
Original post by Mactotaur
Have you gone into how now if you knowingly transmit a disease to someone who is unaware, you can be charged with s.20?


For question 1 should we completely leave the facts of the case out as we don''t receive any AO1 marks?
Original post by GFEFC1
For question 1 should we completely leave the facts of the case out as we don''t receive any AO1 marks?


Unless you're looking at a different question 1, the breakdown is AO1: 10, AO2: 15, AO3: 5.

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