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    (Original post by BryonieIV)
    I don't get it either.

    They are separate questions and marked separately. So if they ask for the same thing, you just have to write it down. It's the same in any exam.

    Plus, the guy thought he was being followed and his life was in danger. It was screaming diminished responsibility!
    Yeah I did Provocation - self induce
    And DR - inherent cause from section 2 :\

    We got told by our teacher that we would have to at least mention both even if only one of the two were present but it's so likely that he could have tried to raise DR that there was no point only mentioning it in passing. I went into detail about both because both seemed relevant. :dontknow:
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    Hi Guys, going back to the fight, I cant remember the facts exactly, like whether he pulled the knife and the opponent was right in front of him etc, but I only went in on s18 and didn't discuss s20 - damn! Cant stop thinking about that bolldy blindfold now...sob!
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    i put self defence and consent for the non fatal question. transfered malice also.
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    The murder one screamed diminshed and i mentioned provocation but due to the time lapse and the fact that a reasonable man wouldnt of done that he would have been unsuccesful. i also breifly mentioned a possibility of insanity.
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    (Original post by EWS147)
    Hi Guys, going back to the fight, I cant remember the facts exactly, like whether he pulled the knife and the opponent was right in front of him etc, but I only went in on s18 and didn't discuss s20 - damn! Cant stop thinking about that bolldy blindfold now...sob!
    I didn't write about the blindfold either. And I did S18

    (Original post by hoopz10)
    i put self defence and consent for the non fatal question. transfered malice also.
    Did you go into depth about SD?

    (Original post by hoopz10)
    The murder one screamed diminshed and i mentioned provocation but due to the time lapse and the fact that a reasonable man wouldnt of done that he would have been unsuccesful. i also breifly mentioned a possibility of insanity.
    Hmmm the reason I didn't use insanity as the main defence for the murder is partly because you need to show that the defendant had a defect of reasoning in that they a) didn't know they true nature and quality of their act or b) that they didn't know what they did was legally wrong. To me, I couldn't pick out anything in the facts that suggested that Mike would fit into either one of the two and therefore I did DR, which I would have done even if insanity fitted more. (I would have just wrote about both, because we were told that we definitely have to talk about Prov and DR even if other defences are in there too to talk about)


    Other than the fact that I forgot to include quite a bit of cases for DR and some other stuff, I think the fact that I didn't actually make a decision on any of the offences may mean I don't get given that much credit. I didn't actually say that 'he may be found liable for this' or 'he would be unsuccessful on this point' - i.e I didn't make an end decision for each liable person hmm.

    Aaaah, I didn't write whether or not it would be successful. I sort of said that although there was a time gap, it was only a few minutes and therefore it'd be upto the jury to decide.
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    I put something about how even though there was a few minutes before he pushed that guy he could show cumulative provocation because he had had arguments with him before and that the shouting a few minutes before was the the "last straw" and used the case of Thornton 2
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    Cumulative provocation? What's that?
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    ^^ dunno lol something our law teacher told us to write about
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    (Original post by xyllix)
    should be funny when we get our results lol hopefully il get what i need
    hmm im sure we will get what we deserve!
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    (Original post by xyllix)
    can't you remember the case of baille, where he went in and sharpened his knife which was a lapse of time but he still used the defence of provocation. and i put it wasnt provocation due to his mental infirmity (illusion) reducing his powers of self control below those of a reasonable man.
    But mental infirmity would be a response characteristic would it not?, and as stated in Holley only control characteristics are important. Basically anything to do with mental health wouldn't really be relevant to provocation. Eg - an alcoholic losing control because of his alcoholism would be a response characteristic, but an alcoholic being called a 'drunken ******' would be a control characteristic and would go to the ground of the provocation :/ - that's what we've been told hmmmm.
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    Phew! Feeling better today about the exam on Thursday,our teacher had a copy of the exam paper and we went through it. She agreed that the way D directed the 'hidden' KNIFE WOULD IMPLY INTENTION AND SHE WOULD GO FOR S18! However, she did say that it wopil have been good to mention s20
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    Soo.. you know i was worrying about whether that first guys injuries where battery or ABH, well I spoke to my law teacher and he said it was ABH so huge relief for me!
    I am a still annoyed about some of the silly mistakes I made though like missing out transfer of malice.. hopefully it won't effect my mark too much. Like I said earlier I am confident about the B & C question.
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    (Original post by xyllix)
    Results This Week!
    Yeah, find out Thursday. Nervous. :o:
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    (Original post by xyllix)
    Let me know what you get i get mine on friday
    pisstake
    Why Friday?

    Apparently the teachers know on Wednesday, so we can ask then. But I'm not school and we all get the official envelopes on Thursday.
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    I get mine friday....
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    I'm getting mine tomorrow morning and I am expecting the worst
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    About a C I reckon and I need a high B or A
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    Tomorrow morning at 8:45.
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    Good luck all
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    Forget what I said yesterday lol... I got an A!! So happy How did everyone else do?
 
 
 
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