Ocr A2 Law (criminal): Offical Thread! Watch

This discussion is closed.
sonya_p
Badges: 1
Rep:
?
#121
Report 12 years ago
#121
Battery

•Dft. intentionally or recklessly applies unlawful physical force to another person.


•The law start with the assumption that an individual has a right to be protected from molestation.
Blackstone (legal writer) stated that the law ‘ prohibits the first and lowest stage of violence’

Cole v Turner 1704- the least touching of another in anger is battery.

•Touching the clothing of a person amounts to touching the person himself, provided of course that the dft. has the necessary mens rea.

Day 1985- dft. Slashed the victim’s clothes

Thomas 1985- rubbing of a girl’s skirt was held to amount to a battery.


Lawful Contact

•There is an implied consent to a certain amount of touching in everyday life.

Donnelly v Jackman 1970 – the court held that the officer in question did not commit a battery when he merely tapped on the others shoulder to attract his attention

Smith v DPP 2001- a person interfering with a right of entry could be made to move by the use of reasonable force.

Indirect Batteries

The battery need not to be directly inflicted on the victim:

•Scott v Shepard- the dft threw a love squib into a market place and after 2 people had picked it up and thrown it further away, it injured a 3rd part.
•Martin 1883- dft. placed an iron car across an exit in a theatre t and shouted ‘fire’. People panicked and several of them got injured as they pushed out.
•Fagan v MPPC- dft. drove over the policeman’s foot accidentally and when asked to rmove the car he said ‘F…you can wait’. His conviction was upheld and it didn’t matter if the battery was inflicted directly by the body of the offender or through the medium of some weapon or instrument.
•Haystead- dft. punched a woman in the face causing her baby to fall out pf her arms and hit his head on the floor.




Actus Reus

•application of unlawful force
(Psychiatric injury caused by telephone calls would not suffice)

Mens Rea

•intention or recklessness
•A battery may start of an innocent accidental act but may later become a battery during a sequence of events among which the mens rea of the offence if formed ( Fagan)
0
sonya_p
Badges: 1
Rep:
?
#122
Report 12 years ago
#122
(Original post by lulu7)
have you got anything on involuntary manslaughter???? really really strugglin.. im totally fine with the defences and synoptic and murder..... but it just manslaughter!!! ???????????????????????

r u doing criminal law 1 aswell? im not doing that ermm let me check if i have some old notes..im not sure if i have kept them.
0
sonya_p
Badges: 1
Rep:
?
#123
Report 12 years ago
#123
by the way is the battery section any help?
0
*lulu7*
Badges: 1
Rep:
?
#124
Report 12 years ago
#124
(Original post by sonya_p)
by the way is the battery section any help?
yeh iv got all three to do.. crim 1, 2 and synoptic.. ....would b reallllllll helpful if you got ne notes on manslaughter....yeh the battery notes are mint.. fills in the gaps in my notes so thankyouuuuuu
0
sonya_p
Badges: 1
Rep:
?
#125
Report 12 years ago
#125
eeeee lulu i cant seem to find them! im so sorry! and plus they wouldnt be that good anyways. they are longgggg!!! i had serious issues summarising my notes then.
mannn all 3 exams in the row...it must be very hard for you. i remember struggling with criminal law 1 and i can say involuntary manslaughter wasnt my fav too..

i left out gross negligence mansluaghter completly. i hated it!

however i would say revise diminished responsibilty. near enough it always comes up.
0
sonya_p
Badges: 1
Rep:
?
#126
Report 12 years ago
#126
Involuntary Manslaughter


Occurs when there is no malice aforethought but a death results because of an unlawful act or gross negligence.

This leads to 2 categories
• constructive
• Gross negligence manslaughter.



Involuntary manslaughter has less blame attached to it so it means the mandatory life sentence is reduced at judge’s discretion.

Constructive manslaughter is also known as unlawful act manslaughter because it is committed where the dft. has caused the death of a person by an unlawful and dangerous act.

For liability to arise the prosecution has to prove that an unlawful act has taken place:

Lamb 1967- accused and his friend has been playing with a revolver which had 2 bullets in it and neither of them believed that the gun would fire a shot. The friend pulled the trigger. It was established he did not intend to harm the friend and the latter was not in fear of his acts.

The court of appeal quashed the conviction because there was no unlawful act because the victim was not put in fear.

DPP v Newbury and Jones- dft. thrown a slab of paving stone form a bridge which entered the window in the cab and killed the guard. Conviction upheld.

Kennedy- dft. was held to have assisted in an unlawful activity when he handed a loaded syringe to the victim who then injected himself.


For constructive manslaughter to arise the act has to be dangerous and unlawful.
Whether the act is considered dangerous is decided objectively. E.g must be an act that a sober and reasonable person would regard as dangerous.

Church- dft. panicked after hitting a woman who had mocked his inability to satisfy her. Believing her to be dead, he threw her into a rvier where she drowned. His conviction was upheld.

Dawson-


Reforms-

• Constructive manslaughter is unfair to the accused and should be reformed or abolished altogether.
• The law commission said that it was inappropriate to convict a dft. for an offence of homicide where the the most that can be said is that he or she ought too have realised that there was a risk of some, albeit not serious harm.









just found the notes and had to summarise them myself lol
i havent included teh case of dawson because my notes on it r toooooooooooooooooo long!!!

i hope this helps a little tho.
0
*lulu7*
Badges: 1
Rep:
?
#127
Report 12 years ago
#127
(Original post by sonya_p)
Involuntary Manslaughter


Occurs when there is no malice aforethought but a death results because of an unlawful act or gross negligence.

This leads to 2 categories
• constructive
• Gross negligence manslaughter.



Involuntary manslaughter has less blame attached to it so it means the mandatory life sentence is reduced at judge’s discretion.

Constructive manslaughter is also known as unlawful act manslaughter because it is committed where the dft. has caused the death of a person by an unlawful and dangerous act.

For liability to arise the prosecution has to prove that an unlawful act has taken place:

Lamb 1967- accused and his friend has been playing with a revolver which had 2 bullets in it and neither of them believed that the gun would fire a shot. The friend pulled the trigger. It was established he did not intend to harm the friend and the latter was not in fear of his acts.

The court of appeal quashed the conviction because there was no unlawful act because the victim was not put in fear.

DPP v Newbury and Jones- dft. thrown a slab of paving stone form a bridge which entered the window in the cab and killed the guard. Conviction upheld.

Kennedy- dft. was held to have assisted in an unlawful activity when he handed a loaded syringe to the victim who then injected himself.


For constructive manslaughter to arise the act has to be dangerous and unlawful.
Whether the act is considered dangerous is decided objectively. E.g must be an act that a sober and reasonable person would regard as dangerous.

Church- dft. panicked after hitting a woman who had mocked his inability to satisfy her. Believing her to be dead, he threw her into a rvier where she drowned. His conviction was upheld.

Dawson-


Reforms-

• Constructive manslaughter is unfair to the accused and should be reformed or abolished altogether.
• The law commission said that it was inappropriate to convict a dft. for an offence of homicide where the the most that can be said is that he or she ought too have realised that there was a risk of some, albeit not serious harm.









just found the notes and had to summarise them myself lol
i havent included teh case of dawson because my notes on it r toooooooooooooooooo long!!!

i hope this helps a little tho.
thanks v. much.. yeh that helps a great deal..
0
*lulu7*
Badges: 1
Rep:
?
#128
Report 12 years ago
#128
help needed!!!! in criminal law 1 and 2.. what would people advise to revise??? becasue i am running out of time!!

ino all the defences in criminal law 2 and that is all i am confident on....
0
elyse180887
Badges: 1
Rep:
?
#129
Report 12 years ago
#129
yeah im like that too. im ok on the defences but abit worried about everything else. i was thinking criminal 1 causation maybe? and reforms of oapa?
0
*lulu7*
Badges: 1
Rep:
?
#130
Report 12 years ago
#130
iv just wrote a list of the things i am learning/learnt.. iv missed out a few topics..

crim1

causation
coincidence of actus reus and mens rea
ommissions failure to act
murder-mens rea-inention
manslaughter
DResponsibility
provocation
participation


Crim2

criminal damage
theft act
burglary
robbery
assault adn battery
self-defence

intox
consent
mistake
automatism
insanity
duress

^^^^ if i learn those.. u think i'll be safe??? cus i cnt be bothered to revise incitement, conspiracy adn attempts or strict liability!!!...????????????????? ???????????????????????????????? ????? or am i just bein lazy???
0
Danny5876
Badges: 1
Rep:
?
#131
Report 12 years ago
#131
I would advise you to revise attempts, but leave out the others. It could easily turn up as a Section A
0
Nicci1187
Badges: 0
#132
Report 12 years ago
#132
I would say revise all the defences coz if we don't get an essay on them they will more than likely appear in the problems and the main things you don't wanna leave out are theft, robbery and burglary because they are more or less what the exam is centred around. Ive been looking through all my past papers and out of everything I think the most possible essays to come up are Criminal Damage, Duress, Mistake and the Reforms of the Non-Fatals. I'm just guna focus on those 4 as essays because insanity, intoxication, self defence and consent were all on the exam either in jan or last june so I'm just going to learn basic facts and cases for those coz they'll probably appear in a problem. Hope that helps
What's everyone else focusing on as an essay?
0
sonya_p
Badges: 1
Rep:
?
#133
Report 12 years ago
#133
i went to my revision class today and my teacher told me that none of us should leave judicial precedent out because the examiners would not put that as a reference just to trick us. it is there for a reason so it has some relevance. she also said it is highly likely that stautory interpretation will come up and it might seem very obvious that statutory interpretation has more points to talk about but it doesnt mean that we should leave judicial precdent out completly. just an overview will be good. if you dont revise it then t will be same as leaving a major part of the syllabus.

im not saying it will 100% come up but it is a possibility just like the rest of the questions.

i just thought il let you guys know just to be on the safe side.
the rest is your option.

chaoo
0
Nicci1187
Badges: 0
#134
Report 12 years ago
#134
Yeah I agree that it could be dangerous to leave out judicial precedent but my law teacher said the actual theme of the paper is statutory interpretation, robbery and burglary so we only need to know basic points of precedent that is mentioned in the sources like the hierarchy of the courts, whose bound by who etc. Question 1 on the synoptic paper will be an essay based on statutory interpretation we've been told and precedent may be incorporated in it, but its highly unlikely we will get a full essay on judical precedent.
0
*lulu7*
Badges: 1
Rep:
?
#135
Report 12 years ago
#135
advantages adn disadadv of judicial precedent
Persuasive precedent
Do judges make law? yes adn no answers
Should judges make law? for and against
extrinsic aids
stare decisis
obiter dicta
ratio decidendi
1966 practice statement
literal rule
golden rule
mischief rule
how judges interpret statutes


^^^ seriously that is what you have to learn for synoptic!!! for source1... it looks a lot but it really isn't i have got 11 revision pages of summarised notes including all of that!!
0
sonya_p
Badges: 1
Rep:
?
#136
Report 12 years ago
#136
yeh i mean if your are a risk taker then it would be ok to leave it out. i know i cant afford to do that or ill feel bad afterwords just in case if it does come up.
0
sonya_p
Badges: 1
Rep:
?
#137
Report 12 years ago
#137
(Original post by lulu7)
advantages adn disadadv of judicial precedent
Persuasive precedent
Do judges make law? yes adn no answers
Should judges make law? for and against
extrinsic aids
stare decisis
obiter dicta
ratio decidendi
1966 practice statement
literal rule
golden rule
mischief rule
how judges interpret statutes


^^^ seriously that is what you have to learn for synoptic!!! for source1... it looks a lot but it really isn't i have got 11 revision pages of summarised notes including all of that!!

11! and they are summariesed! that is kind of alot lol
0
sonya_p
Badges: 1
Rep:
?
#138
Report 12 years ago
#138
oh yeh but i do think judicial precdent isnt that hard...its kinda easy. easier then statutory interpretation. actually even that isnt bad so you know first question isnt a problem. its the last one!
0
Nicci1187
Badges: 0
#139
Report 12 years ago
#139
I don't think there is a lot to learn to learn for the synoptic. I was surprised actually coz I only started it last night and was panicking but I managed to revise the whole of statutory interpretation in 3 hours and we already know robbery and burglary, its mainly a case of learning the sources and how they contribute to law. I think there is far to much to learn for criminal law 2 though! Seems to be so much more than in jan on the murder-manslaughter exam!
0
sonya_p
Badges: 1
Rep:
?
#140
Report 12 years ago
#140
(Original post by Nicci1187)
I don't think there is a lot to learn to learn for the synoptic. I was surprised actually coz I only started it last night and was panicking but I managed to revise the whole of statutory interpretation in 3 hours and we already know robbery and burglary, its mainly a case of learning the sources and how they contribute to law. I think there is far to much to learn for criminal law 2 though! Seems to be so much more than in jan on the murder-manslaughter exam!

yeh i agree! there is just too much for criminal law 2! never ending!
the worse thing is you cant leave anything out. i hate that.
0
X
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

University open days

  • Cranfield University
    Cranfield Forensic MSc Programme Open Day Postgraduate
    Thu, 25 Apr '19
  • University of the Arts London
    Open day: MA Footwear and MA Fashion Artefact Postgraduate
    Thu, 25 Apr '19
  • Cardiff Metropolitan University
    Undergraduate Open Day - Llandaff Campus Undergraduate
    Sat, 27 Apr '19

Have you registered to vote?

Yes! (82)
39.23%
No - but I will (9)
4.31%
No - I don't want to (13)
6.22%
No - I can't vote (<18, not in UK, etc) (105)
50.24%

Watched Threads

View All
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise