AQA A level law unit 2Watch
Anyone have thoughts on what's gonna come up on Friday?
Q1+2 are a mixture of the following questions: strict liability, causation, mens rea explaination, actus reus explaination, omissions and contemporaneity rule
Q3+4 are a mixture of nonfatal application questions and the occasional legal application (not referencing the scenario only case knowledge)
Q5 are procedure and aims of sentencing questions.
and if this is the case are there others i have missed out?
Causation is the link between the defendant’s act and the criminal consequence. To prove causation, the prosecution must show that the defendants conduct was the factual & legal cause of that consequence & that there was no intervening act which broke the chain of causation.
To prove causation, we must establish that the defendant is the factual cause of the consequence. To prove factual causation, the ‘but for’ test is used which was established in the case of R v White. This states that but for the defendant’s actions would the prohibited consequence have occurred? If no then the defendant is not liable, if yes then the defendant is liable. The but for test is also used in the case of Pagett
Once factual causation has been established, the prosecution must prove legal causation. Establishing factual causation does not mean that there will be legal causation.
Explain there are two tests to see IF defendant has to cause the end harm to the victim
But for test
Explain white and the Arsenic is his mums tea
operating and substantial factor
Smith in the army barracks
Apply them both the the scenario is needed
Then explain the link between the act and consequence is the chain of causation
Then Think skull rule, Blaue
Unforeseen actions, Padgett
Palpably wrong medical care, Jordan
Victims of actions 'so daft' Williams
Do you think actus reuse act will come up as a single question this year?
There is no need for negligence predictions as every year all the topics come up, just in different forms. Duty of care test, breach of duty, rules on causation, remoteness, (maybe res ipsa), the track system and damages will come up.