I have my Criminal Law module exam next week, and when practicing exam papers, one asked this.
"comment on whether the extent of criminal liability is appropriate in these cases."
What does this mean?
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Help Needed - Criminal Law & Extent of Criminal Liability watch
- Thread Starter
- 01-01-2013 21:57
- 02-01-2013 09:22
I think you're going to need to say which area of criminal law the question is about to get any substantive answer.
However, all it's getting at is - is the law in X area criminalizing conduct that perhaps should not be criminal? For example, the law of theft criminalizes some cases where the defendant has received the 'stolen' property from the victim with the victim's consent and where the transfer of property is not even voidable under the civil law (R v Hinks for example). There are other examples in the context of theft that could be dealt with adequately by the civil law (Davidge v Burnett, perhaps?) Another area might be the law on fraud which criminalizes some relatively innocuous lies.
So for whichever area the question is talking about, just discuss whether criminal liability is too wide referencing the case law. Or perhaps liability could be too *narrow*, although an area of criminal law where that is the case doesn't come to my mind immediately.
- 02-01-2013 18:09
i have the same question
mines is based on criminal damage act 1971
but was wondering would we not be critisizin the law in criminal damage as to saying if the criminal liabilty is appropriate
- 04-01-2013 14:02
any help please