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    (Original post by GFEFC1)
    Is there a minimum amount required for AO2 in Section A? Or is it just how evaluative your arguments are?
    We were taught that it's about 60/70% AO1 and 40/30% AO2 for Section A. Just try to evaluate each of your points after youve made it!
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    (Original post by Lawhelp)
    Sorry just read my message and it doesnt make a lot of sense. What topics would be safest to leave out? As I still have to look at theft, robbery and burglary, non fatal offences and the common defences. thanks!
    You are in the same dilemma as me! Personally, I'm leaving out theft, robbery and burglary. I learnt intoxication literally in one day yesterday and remembered all AO1 and AO2 when I rewrote it this morning. So definitely go for intoxication and probably duress for defences. Then NFO isn't too bad to learn (I'm doing that now AO1 and AO2)

    Thats just my advice.
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    Kinda struggling to distinguish between S47, S20 and S18 OAPA ... can anyone help?
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    (Original post by GFEFC1)
    You are in the same dilemma as me! Personally, I'm leaving out theft, robbery and burglary. I learnt intoxication literally in one day yesterday and remembered all AO1 and AO2 when I rewrote it this morning. So definitely go for intoxication and probably duress for defences. Then NFO isn't too bad to learn (I'm doing that now AO1 and AO2)

    Thats just my advice.
    Would leaving out two topics be too risky though? I will do the NFO and defences tomorrow, thank you for your help! theres just SO much to remember!
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    (Original post by GFEFC1)
    Kinda struggling to distinguish between S47, S20 and S18 OAPA ... can anyone help?


    S47 AR is that of common assault or battery, this is the same as the mens rea (Intention or Recklessness as to causing the AR of the aforementioned)
    The harm caused however is slightly more serious (Miller, Chan-Fook, Thomas, R(T) V DPP, DPP V Smith (Michael)) - It's important to note that the mens rea is not as to causing the actual bodily harm, but as to causing assault or battery (Savage)

    s20 the harm is even greater, DPP v Smith "really serious" and Saunders who excluded "really" to mean just "serious harm - This falls under the GBH element.
    The other element is Wounding (Eisenhower).
    The mens rea is Intention or Reckless as to causing SOME HARM, e.g. I may have realised that throwing a knife could result in some harm. This is enough for the mens rea. The harm which resulted however must be serious if you want to satisfy the actus reus. This is important as the level of harm differs from what's required of the AR.

    The difference in harm is therefore that s47 covers psychiatric injury and unconsciousness as well as "any hurt or injury calculated to interfere with the comfort of the victim" whereas the s39 common offences do not require injury as such, just a fear of immediate unlawful force or application of unlawful (ie not consented to) force

    S18 is different to s20 in terms of the mens rea. It's a specific intent offence and therefore only requires intention and not recklessness. The mens rea is intent as to causing grevious bodily harm (ie serious harm). You can therefore see the difference between s20 and s18's mens rea being whether or not they had the mental element as to causing some harm or serious harm.
    An additional difference between s18 and s20 is that you can't have s18 if you only intended wounding (Taylor). Futhermore, if you have committed GBH in trying to resist arrest, you only need to be reckless as to causing injury which is sufficient for s18 (Morrison)

    Hopefully this makes sense, it was from the top off my head.
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    does anyone know if theft or robbery+burglary is more likely to come up? trying to decide which one to leave out
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    (Original post by Lawhelp)
    does anyone know if theft or robbery+burglary is more likely to come up? trying to decide which one to leave out
    Theft but they often come up together
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    Hi guys!

    In the part A of the paper, will one of three questions always be on defences? I've looked at past papers from 2010, and defences always comes up apart from one paper, but I was just wanting to ask if it coming up is a certainty or not?

    Thanks!
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    (Original post by SilverHorsey)
    Hi guys!

    In the part A of the paper, will one of three questions always be on defences? I've looked at past papers from 2010, and defences always comes up apart from one paper, but I was just wanting to ask if it coming up is a certainty or not?

    Thanks!
    It's hard to say, especially considering it comes up in most papers with the exception of one or two papers.
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    (Original post by sonicmailman)
    S47 AR is that of common assault or battery, this is the same as the mens rea (Intention or Recklessness as to causing the AR of the aforementioned)
    The harm caused however is slightly more serious (Miller, Chan-Fook, Thomas, R(T) V DPP, DPP V Smith (Michael)) - It's important to note that the mens rea is not as to causing the actual bodily harm, but as to causing assault or battery (Savage)

    s20 the harm is even greater, DPP v Smith "really serious" and Saunders who excluded "really" to mean just "serious harm - This falls under the GBH element.
    The other element is Wounding (Eisenhower).
    The mens rea is Intention or Reckless as to causing SOME HARM, e.g. I may have realised that throwing a knife could result in some harm. This is enough for the mens rea. The harm which resulted however must be serious if you want to satisfy the actus reus. This is important as the level of harm differs from what's required of the AR.

    The difference in harm is therefore that s47 covers psychiatric injury and unconsciousness as well as "any hurt or injury calculated to interfere with the comfort of the victim" whereas the s39 common offences do not require injury as such, just a fear of immediate unlawful force or application of unlawful (ie not consented to) force

    S18 is different to s20 in terms of the mens rea. It's a specific intent offence and therefore only requires intention and not recklessness. The mens rea is intent as to causing grevious bodily harm (ie serious harm). You can therefore see the difference between s20 and s18's mens rea being whether or not they had the mental element as to causing some harm or serious harm.
    An additional difference between s18 and s20 is that you can't have s18 if you only intended wounding (Taylor). Futhermore, if you have committed GBH in trying to resist arrest, you only need to be reckless as to causing injury which is sufficient for s18 (Morrison)

    Hopefully this makes sense, it was from the top off my head.
    Fantastic! When talking about S18 would you have to state the meaning of GBH and a Wound all over again as they mean the same in S20?
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    (Original post by GFEFC1)
    Fantastic! When talking about S18 would you have to state the meaning of GBH and a Wound all over again as they mean the same in S20?
    I'm not 100% sure as I'm with AQA, not OCR.

    However, IMO, if you've already stated the actus reus once already, simply say it's the same as what you've just said s20/18. Just remember to apply the case facts if they are different.

    In AQA Unit 2 I can remember normally saying s20 but then I'd give reasons as to why it could possibly be a s18 as well and then just say about the mens rea difference.
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    (Original post by null.and.void.)
    It's hard to say, especially considering it comes up in most papers with the exception of one or two papers.
    Cheers. Also does anyone know what came up in the exam last year? I cant find any past papers for June 2015 Would really help a lot
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    (Original post by SilverHorsey)
    Cheers. Also does anyone know what came up in the exam last year? I cant find any past papers for June 2015 Would really help a lot
    Section A:
    -defence of consent
    -strict liability
    -loss of self control and diminished responsibility

    Section B:
    -Theft
    -attempted murder/murder
    -defences to Theft Act 1968 and OAPA 1861

    Section C:
    -OAPA
    -manslaughter
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    (Original post by karozenek)
    Section A:
    -defence of consent
    -strict liability
    -loss of self control and diminished responsibility

    Section B:
    -Theft
    -attempted murder/murder
    -defences to Theft Act 1968 and OAPA 1861

    Section C:
    -OAPA
    -manslaughter
    I can see Intoxication, Causation and Mens Rea coming up but not sure in which sections haha
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    (Original post by karozenek)
    Section A:
    -defence of consent
    -strict liability
    -loss of self control and diminished responsibility

    Section B:
    -Theft
    -attempted murder/murder
    -defences to Theft Act 1968 and OAPA 1861

    Section C:
    -OAPA
    -manslaughter
    Thank you Is this 100% btw? As I have read on two previous occasions that section a was consent, strict liability and voluntary m/s, section b was theft, murder and automatism+insanity and section c was OATP and involuntary m/s

    Is what I've read wrong?
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    (Original post by GFEFC1)
    I can see Intoxication, Causation and Mens Rea coming up but not sure in which sections haha
    intoxication will probably come up section a, as will OAPA and causation but thats just a wee hunch
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    could someone give me a detailed structure for section a and section b questions?
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    (Original post by SilverHorsey)
    Thank you Is this 100% btw? As I have read on two previous occasions that section a was consent, strict liability and voluntary m/s, section b was theft, murder and automatism+insanity and section c was OATP and involuntary m/s

    Is what I've read wrong?
    my teacher gave us a copy of the paper and thats where I typed all of the above from haha so yh section a: 1) consent, 2) discuss the extent to which lack of mr in strict liability offences is offset by the level of public protection they provide and 3) discuss how the recent developments in the defences of loss of self control and diminished responsibility have achieved the goals envisaged by Coroners and Justice Act 2009 section b: offences under theft act 1968, criminal liability for attempted murder and murder, defences to charges of offences under theft act and oapa 1861 and section c: oapa and invo m/s
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    (Original post by SilverHorsey)
    intoxication will probably come up section a, as will OAPA and causation but thats just a wee hunch
    I could probably answer all 3 of them which may mean bad news for Section B!
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    (Original post by karozenek)
    my teacher gave us a copy of the paper and thats where I typed all of the above from haha so yh section a: 1) consent, 2) discuss the extent to which lack of mr in strict liability offences is offset by the level of public protection they provide and 3) discuss how the recent developments in the defences of loss of self control and diminished responsibility have achieved the goals envisaged by Coroners and Justice Act 2009 section b: offences under theft act 1968, criminal liability for attempted murder and murder, defences to charges of offences under theft act and oapa 1861 and section c: oapa and invo m/s
    thank you so much! this has helped a ton! the same topics have never come up one year after the other, well not for section A anyway, so this makes my workload a little less heavy for that cos I needn't revise strict liability or LOSC/DR for section A which are probably my two worst topics too thanks a lot for your help!!
 
 
 
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