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AQA A2 Criminal Law Exam January 2011 Watch

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    Ok people, this question goes out to EVERYONE and ANYONE sitting the A2 Law exam in january (AQA).

    what kind of things will we be asked in the paper? and what hints and tips can we all give each other for this exam? so far in my lessons, we've covered:

    Murder
    Involuntary Manslaughter
    Voluntary Manslaughter
    Non-fatal offences
    Defences

    is there anything else we need to be aware of that will come up in the exam? im pretty sure im not the only one worrying about this exam, so please get replying people!
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    You need to know the criticisms and reforms of murder, voluntary manslaughter, non-fatal offences and the defences.

    You do NOT however need to know the criticisms and reforms of involuntary manslaughter.

    In the exam if you are asked a question relating to the criticisms and reforms of the defences you can choose around three defences to talk about so you won't need to learn things for all five defences you have learnt.

    I'm worrying about this exam too So many cases!
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    The thought of this exam is terrifying. I'm hoping for voluntary manslaughter for the criticisms question, though.

    Just out of interest, what have you guys been taught for the actus reus of assault? Our (substitute) teacher is useless and told us this reaaalllly long complex one that sounds nothing like what we learned for last year's exam, so she's probably wrong as usual.
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    (Original post by AlexAntiHeroine)
    The thought of this exam is terrifying. I'm hoping for voluntary manslaughter for the criticisms question, though.

    Just out of interest, what have you guys been taught for the actus reus of assault? Our (substitute) teacher is useless and told us this reaaalllly long complex one that sounds nothing like what we learned for last year's exam, so she's probably wrong as usual.
    I'll just copy and paste what I've written for some of my revision notes to show you what we've been given:

    Actus Reus of Assault

    Any act which makes the victim fear the immediate infliction of unlawful force. There need not be any physical contact, as in R v Mansfield. The victim must however fear immediate unlawful force, not something that could happen later.

    Smith v Chief Superintendant, Woking Police Station
    Peeping tom made the victim fear immediate unlawful force even though she was safely locked inside her house.

    ‘Immediate’ is within a minute or two, as said by Lord Steyn.

    R v Ireland
    Silent phone calls caused the victim psychiatric injury and the defendant was convicted of assault occasioning ABH. There need not be physical proximity between victim and defendant.

    Words can constitute an assault as shown in R v Meade and Belt with menacing songs, but at the time it was not considered an assault, which changed after R v Ireland.

    Words can also negate assault as in Tuberville v Savage.
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    Re Actus reus of assault - be careful of using "fear" and "apprehend" interchangeably. Apprehend in this sense means to anticipate, not necessarily to "fear".
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    Thank you! See, our teacher told us that it's always wrong to put 'fear' and that we've got to put 'apprehend'.

    Which makes little sense, because if someone's running towards you waving an iron bar and shouting that they're gonna smash your skull in -- you're going to be fearing, not apprehending.
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    Let me give you an example which might help clarify "apprehend" and "fear".

    D takes off his glasses, rolls up his sleeves, makes his hands into fists and says to V "I'm going to flatten you right now". ......... Stop the DVD at this point ...... do you think the actus reus of assault is made out ?

    Now, press the play button, and we find that V, who has to apprehend or anticipate immediate violence, is a champion boxer who knows he can take D out with one punch and is not fearing anything.

    Do you think it makes a difference to the actus reus ?

    Hope that helps illustrate the difference.
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    I loved this exam, and got 93%

    The question I had was your typical murder question. So I answered by describing murder, then provocation and diminished responsibility.

    The next question was on non-fatal offences.

    And I had to evaluate murder....


    Good luck in this exam
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    I already took this exam once in June..... Grade E!! although I think i find my problem being the way I write the answer and my structure rather than content, as I got my paper back and there is ticks all over it. So I'm resitting!

    How do you alll write you answers? I went straight into the answer, didn't have an intro or conculsion, and identified say, GBH and said why it was GBH and brought a case in to back it up but i must of been lacking somewhere! any advice??
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    (Original post by Vase-Smasher-18)
    I already took this exam once in June..... Grade E!! although I think i find my problem being the way I write the answer and my structure rather than content, as I got my paper back and there is ticks all over it. So I'm resitting!

    How do you alll write you answers? I went straight into the answer, didn't have an intro or conculsion, and identified say, GBH and said why it was GBH and brought a case in to back it up but i must of been lacking somewhere! any advice??
    We've only really been given a structure as such for non-fatal offences, and it doesn't always work.

    However, we've been told to:
    a) State the potential offence.
    b) The actus reus of the potential offence.
    c) Apply the actus reus to the situation ("Bob carried out the actus reus of GBH by...)
    d) Explain and apply causation if necessary.
    e) The mens rea of the potential offence.
    f) Apply the mens rea to the scenario, dealing with any possible problems with it.
    g) Conclude by saying that the defendant would probably be charged for GBH or whatever, and stating the maximum sentence for it.

    It becomes more difficult if there's something like transferred malice or a defence involved, obviously - and you need to use cases all the way through.

    For the final question where you have to evaluate the law, I have no idea - perhaps work out what points you're going to cover, and for example, if you have five points for a 25-mark question, try to say five things in each paragraph.
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    (Original post by cliffg)
    Let me give you an example which might help clarify "apprehend" and "fear".

    D takes off his glasses, rolls up his sleeves, makes his hands into fists and says to V "I'm going to flatten you right now". ......... Stop the DVD at this point ...... do you think the actus reus of assault is made out ?

    Now, press the play button, and we find that V, who has to apprehend or anticipate immediate violence, is a champion boxer who knows he can take D out with one punch and is not fearing anything.

    Do you think it makes a difference to the actus reus ?

    Hope that helps illustrate the difference.
    Glad I read this thread then because if what you are saying is true the notes my teachers have given me are incorrect; they never once mention 'apprehend'.
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    Scared for this exam...got a mock today in it haven't revised!!!
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    EKR93
    I hope I'm not adding confusion at this point but don't take my word for it:
    Smith and Hogan, Criminal Law, 12th Ed, P 582: "An assault is any act by which D, intentionally or recklessly, causes D to apprehend immediate and unlawful personal violence."
    See also Criminal Law, Finch & Fafinski, P 101: "The act must cause apprehension of violence. Apprehension, in this sense, does not mean fear; it means expectation."
 
 
 
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