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OCR A2 LAW G153 Criminal Law 1 - June 2013

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Reply 940
Avatar for MIO14
MIO14
Original post by coolmimz
Confused about Duress, so does the threat have to imminent or immediate?
And what are the possible problems with Duress


current state of law is with hasan which states it must be 'near immediate' - however you would talk about hudson/taylor and abdul hussain developments for possible a01/a02 marks

biggest problem -
the fact it isnt avaliable to murder / reforms by law commision have repeatedly championed for the change
the seeking police protection bit which has been brought into disrepute by hasan once again
duress of circumstances and necessity have been blurred into one (shayler)
Reply 941
Avatar for carehow
carehow
10
Also, a lot of people seem to be bringing up insanity and automatism - I totally skipped that out as it was on the special study. Is that likely to come up?
Original post by curtisblackham
Q1 attempts/causation/duress/
Q2 causation/OAP/Theft/robbery/burglary
Q3 insanity,automatism/OAP/Theft/robbery/burglary

That's all I'm covering before the exam. Will that be too risky?


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You're taking a risk but those topics were all recommended by my teacher as likely to come up. As far as risks go it's not the biggest.
Only problem is if we get a curve ball in one of the essays :/
Tbh though those topics are where I've focused the main of my revision. I'd have a look over attempted crimes and intoxication if I were you. Not loads, just have a glance :smile:
Original post by carehow
Also, a lot of people seem to be bringing up insanity and automatism - I totally skipped that out as it was on the special study. Is that likely to come up?


Could come up on dilemma boards/problem Q

Ya don't need to know the detail. Just be able to recognise it, know how it's used and the main cases
Reply 944
Avatar for carehow
carehow
10
Original post by cfhurley
Could come up on dilemma boards/problem Q

Ya don't need to know the detail. Just be able to recognise it, know how it's used and the main cases


Thank you so much. I know that, I just need to give it a quick look over to remind myself - I am SO glad I found this thread, otherwise I wouldn't have been alerted to this.
Original post by cfhurley
You're taking a risk but those topics were all recommended by my teacher as likely to come up. As far as risks go it's not the biggest.
Only problem is if we get a curve ball in one of the essays :/
Tbh though those topics are where I've focused the main of my revision. I'd have a look over attempted crimes and intoxication if I were you. Not loads, just have a glance :smile:


Thanks :smile: I'm hoping this will be enough for 60/120 UMS so I should be okay fingers crossed!


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Reply 946
Avatar for qr95
qr95
20
Original post by MIO14
with the overwhelming majority of people saying insanity/automatism will come up as q3, im about to start refreshing my memory of it now - how indepth do i need to revise this in?


Insanity example
Accurate or inaccurate
Disease of mind?
Is it internal?
Does it cause defect of reason?....affects memory reasoning understanding
Does the d know the nature and quality and what they are doing is legally wrong?
Conclude

Remember to apply these questions to the scenario as these are AO2 marks
Reply 947
Avatar for Fward
Fward
15
Original post by aaf
Duress need be immediate but not imminent - Hudson and Taylor. And not available to murder. Does not make concessions to human frailty. Low iq can't be taken into account nor age (Bowen and Wilson) mandatory life sentence so no discretion


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Duress needs to be imminent not immediate (Abdul-Hussain 1999)
Reply 948
Avatar for SN3920
SN3920
Original post by carehow
By the way, what does everyone mean by Question 1, 2 and 3? I know there's an essay, problem Q and dilemma Q, which one is 1, 2 and 3?

Also, do we get a choice in what to answer? Thank-you! :smile:



Q1 – Essay – Choice of 3
Q2 – Scenario – Choice of 3
Q3 – Dilemma – Choice of 2
Reply 949
Avatar for carehow
carehow
10
Original post by SN3920
Q1 – Essay – Choice of 3
Q2 – Scenario – Choice of 3
Q3 – Dilemma – Choice of 2


Thank-you so much!
Reply 950
Avatar for carehow
carehow
10
Also, how many people have revised voluntary manslaughter and intoxication? They're not a topics I've really revised, but if it's likely to come up I can refresh myself. (Sorry for all the questions, and many thank-you to those who've answered them!)
Reply 951
Avatar for coolmimz
coolmimz
Original post by cfhurley
Immediate in that you don't have time to go to the police.

Duress isn't available for murder is the biggest problem. Mandatory life sentence. Vulnerable people like Gotts and Wilson who were forced into attempting/committing murder cannot use defence. Unfair.
Also, not available for anyone who voluntarily associates with criminal. Not fair on vulnerable people forced into crime e.g. women forced into prostitution


Ok, thanks. Immediate so there is no avenue of escape?
Reply 952
Avatar for SN3920
SN3920
Original post by carehow
Also, how many people have revised voluntary manslaughter and intoxication? They're not a topics I've really revised, but if it's likely to come up I can refresh myself. (Sorry for all the questions, and many thank-you to those who've answered them!)


I've not revised vol. manslaughter because I hate it (I know that's not a good enough reason but oh well haha!) I've done intoxication as I'm thinking it could come up as an essay :smile:
Reply 953
Avatar for coolmimz
coolmimz
Original post by MIO14
current state of law is with hasan which states it must be 'near immediate' - however you would talk about hudson/taylor and abdul hussain developments for possible a01/a02 marks

biggest problem -
the fact it isnt avaliable to murder / reforms by law commision have repeatedly championed for the change
the seeking police protection bit which has been brought into disrepute by hasan once again
duress of circumstances and necessity have been blurred into one (shayler)


Alright thank you :smile:
Confused about duress of circumstances and necessity. So did Duress of Circumstances derived from Necessity?
Reply 954
Avatar for SN3920
SN3920
Original post by coolmimz
Alright thank you :smile:
Confused about duress of circumstances and necessity. So did Duress of Circumstances derived from Necessity?


Yes, DOC was developed from the lack of availability of necessity :smile:
Reply 955
Avatar for SAhmed95
SAhmed95
5
Would anyone recommend writing a plan for the 50 markers? Or is the time constraint such that it would be a waste of valuable essay writing time?
Reply 956
Avatar for coolmimz
coolmimz
Original post by SN3920
Yes, DOC was developed from the lack of availability of necessity :smile:


Thanks :smile: Struggling with Duress..
Reply 957
Avatar for coolmimz
coolmimz
Anyway got an Essay on Duress or notes they wouldn't mind me having a look at?
:smile:
Reply 958
Avatar for qr95
qr95
20
Original post by SAhmed95
Would anyone recommend writing a plan for the 50 markers? Or is the time constraint such that it would be a waste of valuable essay writing time?


I would write a 2 min plan personally with just case names
Literally forgotten the names to ALL of the cases, **** me I'm bricking this.

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