AQA unit 3 exam 12th June 2018 unofficial markscheme.
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So how did everyone find it?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
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#2
Omg I answered scenario one but did s47 ABH (battery occassioning abh) instead of s20
as i thought the scar to the face was not really serious. do u think i would get marks?

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(Original post by mohammed786islam)
Omg I answered scenario one but did s47 ABH (battery occassioning abh) instead of s20
as i thought the scar to the face was not really serious. do u think i would get marks?
Omg I answered scenario one but did s47 ABH (battery occassioning abh) instead of s20

Scars left damage to the face which can be under s18 as GBH or really serious harm
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#4
(Original post by mohammed786islam)
Omg I answered scenario one but did s47 ABH (battery occassioning abh) instead of s20
as i thought the scar to the face was not really serious. do u think i would get marks?
Omg I answered scenario one but did s47 ABH (battery occassioning abh) instead of s20

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#5
(Original post by Bekel)
So how did everyone find it?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
So how did everyone find it?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
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#6
I said that Beth’s injuries to Ellie was also ABH. I didn’t really consider scarring to be permanent disfigurement. The case of DPP v K was based on scarring and the defendant was charged with ABH so I based it off of that. Hope I haven’t messed it all up

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(Original post by Nimra786)
For the mens rea for murder i wrote oblique intention, would i still get marks?
For the mens rea for murder i wrote oblique intention, would i still get marks?
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#8
Was it public self defence or mistaken? I wrote public as there was an imminent threat to herself
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#9
Also I think you need to discuss whether it was s47 and s20. Didn’t do s18 as it wasn’t really bad
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#10
(Original post by Bekel)
So how did everyone find it?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
So how did everyone find it?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand
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(Original post by Nimra786)
Did you state that she would get the defence of self defence or not ?
Did you state that she would get the defence of self defence or not ?
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#12
Did anyone use the principle of transfer of malice in scenario 1, question 1?
I saw on twitter someone put that there could be transfer of malice for Ellie to Beth assault, as she intended to scare Alison (with her insults and coffee) yet scared Beth instead?
I didn't write it but now I'm worried...
I saw on twitter someone put that there could be transfer of malice for Ellie to Beth assault, as she intended to scare Alison (with her insults and coffee) yet scared Beth instead?
I didn't write it but now I'm worried...
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#13
(Original post by Higuys24)
Also I think you need to discuss whether it was s47 and s20. Didn’t do s18 as it wasn’t really bad
Also I think you need to discuss whether it was s47 and s20. Didn’t do s18 as it wasn’t really bad

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#14
I applied everything for loss of control well i think i did but i ran out of time and didnt have time to write how he may have acted out of revenege and only wrote one sentence about sexual infidelity? would i still get marks?
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand[/QUOTE]
Scenario 1:
1. Assault (Ellie to Beth)
S20 OAPA 1861 (Beth to Ellie)
S18 OAPA 1862 (Beth to Ellie)
Defence of self defence
2. Go through murder then not as didn’t intend.
Vol manslaughter LofC and DR
Guilty of LofC using anger trigger
DR - depression possible medical condition
3. Reforms - MR issues on intention, ambiguous wording, LofC qualifying triggers hard to understand[/QUOTE]
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#16
For the evaluation - u could talk about the serious harm rule (mr - how anyone who commits gbh could be in the same position as a serial killer), mention the criticism about the ar (reasonable creature) + the reform about it becoming more clear), state the reclassification of the defence e.g. first degree, second degree (reckless killing),
for voluntary manslaughter - u could mention how dm requires a reverse burden of proof - possibler reform is to reverse it back to crown + loss of control criticisms regarding sexual infidelity e.g. Clinton case causes confusion
for voluntary manslaughter - u could mention how dm requires a reverse burden of proof - possibler reform is to reverse it back to crown + loss of control criticisms regarding sexual infidelity e.g. Clinton case causes confusion
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#17
Because i got:
04 - s18/20 Franco - Gianna (defence of intoxication and consent)
- s20 Franco to Harriet
05 - Unlawful act manslaughter Gross negligence manslaughter
However, I didn't mention Gross Negligence manslaughter,but i applied the crap out of unlawful act manslaughter how many marks would i have lost?
04 - s18/20 Franco - Gianna (defence of intoxication and consent)
- s20 Franco to Harriet
05 - Unlawful act manslaughter Gross negligence manslaughter
However, I didn't mention Gross Negligence manslaughter,but i applied the crap out of unlawful act manslaughter how many marks would i have lost?
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#18
Scenario 2
1:
- Battery; ABH
- Wounding s.20 / s.18 (discuss both sections)
- Transferred malice
- Consent (lawful exception: rough horseplay)
- Intoxication
2:
- Unlawful act manslaughter
- Gross negligence manslaughter
- Potentially mention thin skull rule
- New intervening act of other thief
1:
- Battery; ABH
- Wounding s.20 / s.18 (discuss both sections)
- Transferred malice
- Consent (lawful exception: rough horseplay)
- Intoxication
2:
- Unlawful act manslaughter
- Gross negligence manslaughter
- Potentially mention thin skull rule
- New intervening act of other thief
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#19
I only managed to write enough points about murder but only mentioned 2 criticisms and 2 reforms for involuntary - am i able to get a sound answer?
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#20
i also made this mistake of doing uam and not gnm as well which is also a seperate potential content. i looked at last years paper and you were rewarded a strong clear for doing one only which gave you a maximum of 13 marks so i would say you would achieve somehting similar to that.
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