Competition - post a photo you've taken of nature >>

Aqa law unit 3 models

Scroll to see replies

With the intoxication case Hardie where the prescription drugs D took have the opposite effect to what they should have, what would he be liable for? Would he be aquitted?

Also going back to AS :L With transferred malice, for example if D intented a s47 on intended victim but cause s20 to his actual victim, will he only be liable for the s47 as he didnt form MR for s20?

Reply 81

Dilsz

Original post by LauraEve96

In Hardie he wasn't reckless as he did not know the effects of the drug which was supposed to calm him

The principle of transferred malice is only applicable from person to person or object to object and the mesn rea can only be transferred for the SAME offence so no in the example you gave. He would have to prove the actus reus of S20 to be convicted for it

Reply 82

LauraEve96

Original post by Dilsz

Thank you! Good luck tomorrow

Reply 83

Sk1996

When doing a murder question & it is diminished responsibility or provocation do we go through murder first and then explain either diminished responsibility or provocation Or do we skip the murder application & just do the application for dr or provocation?

Reply 84

Dilsz

Original post by Sk1996

Provocation? The defence is called Loss of called. Provocation got abolished under the Coroners and Justice Act 2009

You have to go through murder first then the defences

Reply 85

Sk1996

Original post by Dilsz

Provocation? The defence is called Loss of called. Provocation got abolished under the Coroners and Justice Act 2009

You have to go through murder first then the defences

oh i know it's loss of control but my teacher had wrote provocation in my class notes for some reason so that stuck lol. i will definitely use loss of control in the exam though thanks

Reply 86

LauraEve96

I havent revised involuntary manslaughter.. do you think they could put murder and involuntary MS in the same section? :s-smilie:

Reply 87

Dilsz

Original post by LauraEve96

I havent revised involuntary manslaughter.. do you think they could put murder and involuntary MS in the same section? :s-smilie:

I don't see why not. They done it in the past so why not :P

Reply 88

leeanthonyturner

How many issues and defences are you looking to discuss per questions?

Reply 89

Dilsz

Original post by leeanthonyturner

How many issues and defences are you looking to discuss per questions?

There's a minimum of 3 per question

Reply 90

username1328641

On murder and Vol Mans evaluation it is acceptable to choose either loss of control or diminished responsibility (after evaluating murder) and go in to real detail, if you don't know enough about one, then mention both with less detail. If it comes up, I personally will evaluate Loss of control and really go to town on it, as with diminished responsibility the evaluation lacks content

This comes from the AQA A2 book for those who doubt me

Reply 91

username1097301

On June 2013 Scenario 2, the murder question has two murders. Do you apply murder for each and one defence for each? Confused.

Posted from TSR Mobile

Reply 92

Dilsz

Original post by namaanulhaq

On June 2013 Scenario 2, the murder question has two murders. Do you apply murder for each and one defence for each? Confused.

Posted from TSR Mobile

Reply 93

username1097301

Original post by Dilsz

Ain't nobody got time fo' that!

Posted from TSR Mobile

Reply 94

Monifakhan

Sometimes there's issues of intox in the murder question would u include that in DR paragraph and talk about what gittens and deitchman talk about regarding that?

Posted from TSR Mobile

Reply 95

Monifakhan

Original post by Sk1996

oh i know it's loss of control but my teacher had wrote provocation in my class notes for some reason so that stuck lol. i will definitely use loss of control in the exam though thanks

I doubt they'll do that due to all the exams being at the end they are being quite lenient towards us :biggrin:

Posted from TSR Mobile

Reply 96

username1097301

Original post by Monifakhan

Sometimes there's issues of intox in the murder question would u include that in DR paragraph and talk about what gittens and deitchman talk about regarding that?

Posted from TSR Mobile

Yeah, there's either "D is suffering from intoxication" so he can't use DR or "D has an abnormality of mental functioning and is intoxicated" so you disregard the intoxication, or "D's long term alcohol or drug abuse has led to a medical condition that causes an abnormality of mental functioning".

Posted from TSR Mobile