The key to this paper is your depth of knowledge and your use of the sources. There are more AO2 than AO1 marks available!

Size: px
Start display at page:

Download "The key to this paper is your depth of knowledge and your use of the sources. There are more AO2 than AO1 marks available!"

Transcription

1 Involuntary Manslaughter QUESTION ONE The key to this paper is your depth of knowledge and your use of the sources. There are more AO2 than AO1 marks available! This is assessed for AO2 and worth 12 marks (+4 AO3 marks). This means that you should spend about 15 minutes on it. This will be based on one of the cases mentioned in the sources, and ask you to consider how it develops the law. There is a lot of detail on them in the sources This means you will need to know what each case in the sources decides, and another case to show how it extends the law on the specified area and/ or where it comes from (involuntary manslaughter) These cases are: R v Church [1966] 1 QB 59 (CCA) Andrews v DPP [1937] AC 578 (HL) R v Adomako [1995] 1 AC 171 (HL) R v Lidar [2000] 4 Archbold News R v Bateman [1925] All ER Rep 45 R v Goodfellow [1986] 83 Cr App R 23(CA) R v Kennedy No. 2 [2007] UKHL 38 R v Cato [1976] 1 WLR 110 R v Rogers [2003] 1 WLR 1374 (CA) It is focusing on precedent really (and thus bringing in part of AS Law). It will ask you to consider the ways which... or the extent to which... or evaluate the fairness of... Essentially, you need to say: What the critical point of law from the case is (using the source) How far it confirms the prior law How far it changes the law (with reference to at least one other case). Example Question From Jan 2011 Examiner s Tip: Aim to explain three critical points about the case in question, and relating it to a significant case. There aren t any marks for describing the facts of the case alone! QUESTION TWO This is the BIG question, and is quite broad in its scope. It is worth 34 marks, which are split between AO1 and AO2. You should aim to spend about 40 minutes on it. You will be given a quote from one of the sources, and asked to do an extended critical comment on the area of the law. This focuses on the limits of the law, and current developments. It should be balanced and reasoned. This means that you need to also know the law beyond the sources You must use the sources and should spend the first 5-10 minutes of answering to annotate the sources, and pick out relevant points. You need to understand exactly what each source is arguing do they agree? Do they disagree? What precisely is their argument and how far does this fit with the current approach of the law. You don t need to write them out, just refer to the source number and the line number e.g. source X, line XX. (Vague mentions of the source will attract no marks!)

2 You should treat this as a 50 mark question. It will be a question on involuntary manslaughter. It could be on all three types, or on one of the two big ones (gross negligence or constructive act). It is unlikely to be reckless as it s not big enough (but it is great as AO2!) You should be able to look at the role of the judges, precedent, consistency and the development of the law. You are required to enter a reasoned critical discussion of the area of law. Really you are looking at whether the development of the law has been reasoned and consistent, or subject to change. Example Question from Jan 2011 Examiner s Tip: Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction QUESTION THREE This will consist of three short problem questions to which you need to identify the relevant aspects of law, and then apply it to the situation. They are very straightforward! It should take you about 30 minutes to answer. They are worth 30 marks and this is divided up into 10 marks for AO1 and 20 for AO2 Essentially, they are an extended version of the section C questions on G153 Remember that most of the relevant definitions will be the sources Example Question from Jan 2011 Examiner s Tip: You should be able to identify at least three points of application plus a case for each high for marks. e.g. consent is not a possible defence because X s behaviour goes well beyond that normal expected in a game of table tennis (case)

3 SOME RECAPS ON AS BEFORE STARTING Precedent types & Application... F O R D B O P 2. Hierarchy & key terms

4 KEY CASES Name Facts Ratio Type? RAG? 1 Church 2 Goodfellow 3 Adomako 4 Bateman 5 Lidar 6 Kennedy No.2 7 Cato 8 Rogers 9 Andrews v DPP 10 Seymour 11 Franklin

5 12 Misra 13 Evans (Gemma) 14 Carey 15 Lamb 16 Stone & Dobinson 17 Winters 18 Litchfield 19 Lowe 20 Dias 21 Wacker 22 Dalby 23 Gibbins & Proctor 24 Larkin 25 Dhawali

6 26 Watson 27 Willoughby 28 Singh 29 Pittwood 30 Dawson 31 Mitchell 32 Lewis 33 Khan & Khan 34 Donoghue v Stevenson And finally... THE DEFINITIONS Gross Negligence Constructive Act Reckless Act

LAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter.

LAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter. LAW03: Criminal Law (Offences against the Person) Involuntary Manslaughter: Unlawful Act Manslaughter. Unlawful Act Manslaughter There are 4 elements that must be satisfied... 1. The D must do an unlawful

More information

To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be:

To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be: Homicide Offences To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be: Murder or voluntary manslaughter if partial defences

More information

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice.

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice. Unit 3 Title: Criminal Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the fundamental principles of criminal liability Assessment criteria The learner can: 1.1 Define actus

More information

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012 Note to Candidates and Tutors: LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Actus Reus & Omissions

Actus Reus & Omissions Principles of Criminal Liability [1] Actus Reus & Omissions By the end of this unit, you will be able to (AO1): Understand what is meant by actus reus, Describe the different ways actus reus can be formed

More information

The learner can: 1.1 Define what is meant by a crime

The learner can: 1.1 Define what is meant by a crime Tech Level Unit Title: LAW OF CRIME Level: Level 3 Credit Value: 10 Guided Learning Hours 60 Learning outcomes The learner will: 1. Understand the principles of criminal liability Assessment criteria The

More information

Guide to Criminal Law. Contents

Guide to Criminal Law. Contents Introduction Contents Table of cases 1. The Development of Law 15 Customs 15 General customs 16 Local customs 16 Common law 16 Equity 18 Judicial precedents 19 The doctrine of precedents 19 Original precedents

More information

LAW SHEET No.1 UNLAWFUL KILLING 1

LAW SHEET No.1 UNLAWFUL KILLING 1 LAW SHEET No.1 UNLAWFUL KILLING 1 1. Following the decision of the High Court in R (Wilkinson) v HM Coroner for Greater Manchester South District [2012] EWHC 2755 (Admin) the conclusion 2 of unlawful killing

More information

CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD

CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD CRIMINAL LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD CONTENTS INTRODUCTION TO CRIMINAL LAW 7 DEFINITION OF CRIMINAL LAW 7 Deterrence 7 Rehabilitation 7 Public Protection 7 Retribution 8 CRIMINAL LAW AND

More information

LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011

LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

This document was downloaded from

This document was downloaded from This full text version, available on TeesRep, is the final version of this PhD Thesis: Crosby, C. (2014) Subjectivism and Objectivism in the Criminal Law: an examination of the limits of recklessness and

More information

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation Unit 3 Title: Criminal Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the fundamental requirements of criminal liability Assessment criteria The learner can: 1.1 Analyse

More information

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation Unit 3 Title: Criminal Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the fundamental requirements of criminal liability Assessment criteria The learner can: 1.1 Analyse

More information

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation

Assessment criteria. The learner can: 1.1 Analyse the general nature of the actus reus. 1.2 Analyse the rules of causation Unit 3 Title: Criminal Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the fundamental requirements of criminal liability Assessment criteria The learner can: 1.1 Analyse

More information

Criminal Law for Forensic Scientists ( )

Criminal Law for Forensic Scientists ( ) Criminal Law for Forensic Scientists (2016-2017) View Online 29 items Suggested for student purchase: (1 items) Criminal law - Catherine Elliott, Frances Quinn, 2016 Book Suggested for student purchase

More information

INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007

INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007 Subject 23 INSTITUTE OF LEGAL EXECUTIVES CRIMINAL LAW EXAMINER S REPORT AUTUMN 2007 Comments on Overall performance There were some very good responses to some of the questions, but the standard of exam

More information

GCE Law. Mark Scheme for June Unit G153: Criminal Law. Advanced GCE. Oxford Cambridge and RSA Examinations

GCE Law. Mark Scheme for June Unit G153: Criminal Law. Advanced GCE. Oxford Cambridge and RSA Examinations GCE Law Unit G153: Criminal Law Advanced GCE Mark Scheme for June 2017 Oxford Cambridge and RSA Examinations OCR (Oxford Cambridge and RSA) is a leading UK awarding body, providing a wide range of qualifications

More information

Criminal Law for Forensic Scientists ( )

Criminal Law for Forensic Scientists ( ) Criminal Law for Forensic Scientists (2015-2016) View Online 18 items The following book is required for the course: Elliott & Quinn: Criminal Law, 10th Edition (1 items) ISBN-13: 978-1292015491 Criminal

More information

CRIMINAL LAW UNITS 1 6

CRIMINAL LAW UNITS 1 6 CRIMINAL LAW UNITS 1 6 This Manual has been updated by Mike Waring and thanks go to the previous authors of this Manual, Vicky Dickson, Sean Hutton and Jo Theobald. CRIMINAL LAW UNITS 1 6 Criminal Law

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Criminal Law Review. The duty of care in gross negligence manslaughter

Criminal Law Review. The duty of care in gross negligence manslaughter Page1 Criminal Law Review 2007 The duty of care in gross negligence manslaughter Jonathan Herring and Elaine Palser Subject: Criminal law. Other related subjects: Torts. Keywords: Breach of duty of care;

More information

CRIM EXAM NOTES. Table of Contents. Weeks 1-4

CRIM EXAM NOTES. Table of Contents. Weeks 1-4 CRIM EXAM NOTES Weeks 1-4 Table of Contents Setup (jurisdiction, BOP, onus)... 2 Elements, AR, Voluntariness... 3 Voluntariness, Automatism... 4 MR (intention, reckless, knowledge, negligence)... 5 Concurrence...

More information

Loveless, Allen, and Derry: Complete Criminal Law 6e, Chapter 02

Loveless, Allen, and Derry: Complete Criminal Law 6e, Chapter 02 Think box 2.1 D attends a show by a famous hypnotist in the course of which he is conditioned to embrace anyone wearing a uniform. After the show, a police officer (V) approaches D to tell him he is illegally

More information

The Gross Negligence Manslaughter of Paul Wilson Richard Wright Q.C Anaphylaxis Campaign Annual Conference

The Gross Negligence Manslaughter of Paul Wilson Richard Wright Q.C Anaphylaxis Campaign Annual Conference The Gross Negligence Manslaughter of Paul Wilson Richard Wright Q.C Anaphylaxis Campaign Annual Conference 19.9.16 Paul Wilson The Indian Garden The Menu The Order The Packaging The Scene The First Trading

More information

CHIEF EXAMINER COMMENTS

CHIEF EXAMINER COMMENTS CHIEF EXAMINER COMMENTS WITH SUGGESTED ANSWERS JUNE 2018 LEVEL 3 UNIT 3 CRIMINAL LAW Note to Candidates and Learning Centre Tutors: The purpose of the suggested answers is to provide candidates and learning

More information

Omission (criminal law) - Wikipedia, the free encyclopedia

Omission (criminal law) - Wikipedia, the free encyclopedia Page 1 of 6 Omission (criminal law) From Wikipedia, the free encyclopedia (Redirected from Omission (criminal)) In the criminal law, an omission, or failure to act, will constitute an actus reus (Latin

More information

GCE Law. Mark Scheme for June Unit G153: Criminal Law. Advanced GCE. Oxford Cambridge and RSA Examinations

GCE Law. Mark Scheme for June Unit G153: Criminal Law. Advanced GCE. Oxford Cambridge and RSA Examinations GCE Law Unit G153: Criminal Law Advanced GCE Mark Scheme for June 2016 Oxford Cambridge and RSA Examinations OCR (Oxford Cambridge and RSA) is a leading UK awarding body, providing a wide range of qualifications

More information

By the end of this topic you will be able to:

By the end of this topic you will be able to: INCHOATE OFFENCES: ATTEMPTS By the end of this topic you will be able to: Explain what is meant by an attempt and the reasons that we criminalise this behaviour. Understand the problems surrounding the

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

R v Gullefer. Page 1. All England Law Reports/1990/Volume 3 /R v Gullefer - [1990] 3 All ER 882. [1990] 3 All ER 882

R v Gullefer. Page 1. All England Law Reports/1990/Volume 3 /R v Gullefer - [1990] 3 All ER 882. [1990] 3 All ER 882 Page 1 All England Law Reports/1990/Volume 3 /R v Gullefer - [1990] 3 All ER 882 [1990] 3 All ER 882 R v Gullefer COURT OF APPEAL, CRIMINAL DIVISION LORD LANE CJ, KENNEDY, OWEN JJ 4, 20 NOVEMBER 1986 Criminal

More information

Particular Statutory regimes: strict

Particular Statutory regimes: strict Particular Statutory regimes: strict liability Definition of strict liability: Strict liability is the imposition of liability on a party without a finding of fault ( such as negligence or tortiousintent).

More information

CERTIFYING AND INVESTIGATING DEATHS IN ENGLAND, WALES AND NORTHERN IRELAND THOMPSONS RESPONSE TO THE REVIEW OF CORONERS

CERTIFYING AND INVESTIGATING DEATHS IN ENGLAND, WALES AND NORTHERN IRELAND THOMPSONS RESPONSE TO THE REVIEW OF CORONERS CERTIFYING AND INVESTIGATING DEATHS IN ENGLAND, WALES AND NORTHERN IRELAND THOMPSONS RESPONSE TO THE REVIEW OF CORONERS CONGRESS HOUSE GREAT RUSSELL STREET LONDON WC1B 3LW Telephone: 020 7290 0000 Fax:

More information

You should also be able to [AO2] Evaluate the current state of the law Apply your understanding to a series of application questions.

You should also be able to [AO2] Evaluate the current state of the law Apply your understanding to a series of application questions. OFFENCES AGAINST PROPERTY: ROBBERY By the end of this unit, you should be able to [AO1]: Explain the mens rea and actus reus of robbery Understand the differences between theft and theft in robbery You

More information

HAZEL BIGGS & ROBIN MACKENZIE. Abstract

HAZEL BIGGS & ROBIN MACKENZIE. Abstract End of Life Decision-making, Policy and the Criminal Justice System: Untrained Carers Assuming Responsibility [UCARes] and Their Uncertain Legal Liabilities 1 HAZEL BIGGS & ROBIN MACKENZIE Abstract This

More information

Isobel Kennedy, SC Law Library

Isobel Kennedy, SC Law Library 8 th ANNUAL NATIONAL PROSECUTORS CONFERENCE SATURDAY, 19 MAY 2007 DUBLIN CASTLE CONFERENCE CENTRE Isobel Kennedy, SC Law Library ~ Defence of Diminished Responsibility 1.GENERAL 8 th Annual National Prosecutors

More information

CRIMINAL LAW FINAL EXAM SUMMARY

CRIMINAL LAW FINAL EXAM SUMMARY CRIMINAL LAW FINAL EXAM SUMMARY Contents WEEK ONE CONTENT... Error! Bookmark not Woolmington v DPP [1935]... 7 Green v The Queen (1971)... 7 Youseff (1990)... 7 Zecevic v DPP (1987)... 7 WEEK 2 CONTENT...

More information

Elements of a crime. roofs: File not for distribution without prior permission from Pearson Education. This chapter explains:

Elements of a crime. roofs: File not for distribution without prior permission from Pearson Education. This chapter explains: 1 Elements of a crime This chapter explains: that the defendant must usually have both committed an actus reus (a guilty act) and have a mens rea (a guilty mind) to be liable for a criminal offence; that

More information

MLL214 CRIMINAL LAW NOTES

MLL214 CRIMINAL LAW NOTES MLL214 CRIMINAL LAW NOTES Contents Topic 1: Course Overview... 3 Sources of Criminal Law... 4 Requirements for Criminal Liability... 4 Topic 2: Homicide and Actus Reus... Error! Bookmark not defined. Unlawful

More information

Read the article from Gary Slapper and answer the questions on precedent and the HL for next lesson. The link is below:

Read the article from Gary Slapper and answer the questions on precedent and the HL for next lesson. The link is below: JUDICIAL PRECEDENT BY THE END OF THIS UNIT YOU WILL BE ABLE TO EXPLAIN AND ILLUSTRATE (AO1): The hierarchy of the courts in England and Wales The meaning of the terms: stare decisis obiter dicta ratio

More information

COMMENT Joint Enterprise and Murder

COMMENT Joint Enterprise and Murder ! ## %# & # COMMENT Joint Enterprise and Murder Simon Parsons* Keywords Murder Complicity; Assisting and encouraging; Joint enterprise; It has been said that the law relating to joint enterprise is complex,

More information

Interim relief and urgent applications and the post permission stage

Interim relief and urgent applications and the post permission stage Interim relief and urgent applications and the post permission stage Hannah Gibbs Summary - JR litigation takes time - Interim relief ensures that a claim is not rendered academic by the passage of time.

More information

Examiners report 2013

Examiners report 2013 Examiners report 2013 Examiners report 2013 LA1010 Criminal law Zone A Introduction As with all undergraduate examinations the quality of answers ranged from first class to weak fails. Too many candidates

More information

Misconduct in Public Office Summary of Issues Paper 1: The Current Law

Misconduct in Public Office Summary of Issues Paper 1: The Current Law Misconduct in Public Office Summary of Issues Paper 1: The Current Law 20 January 2016 LAW COMMISSION MISCONDUCT IN PUBLIC OFFICE: ISSUES PAPER 1 THE CURRENT LAW SUMMARY INTRODUCTION 1.1 This is a summary

More information

CRIMINAL LAW MURDER & MANSLAUGHTER

CRIMINAL LAW MURDER & MANSLAUGHTER CRIMINAL LAW MURDER & MANSLAUGHTER This is basically a common-law offence and to constitute it there must be an unlawful killing of another human being under the Queen s peace with malice aforethought.

More information

Kennedy and unlawful act manslaughter: an unorthodox application of the doctrine of causation

Kennedy and unlawful act manslaughter: an unorthodox application of the doctrine of causation Kennedy and unlawful act manslaughter: an unorthodox application of the doctrine of causation Item type Authors Citation Publisher Journal Article Cherkassky, Lisa Cherkassky, L. (0) 'Kennedy and unlawful

More information

SENATE BILL 149. By Haile BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SENATE BILL 149. By Haile BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: HOUSE BILL 89 By Rogers SENATE BILL 149 By Haile AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 21 and Title 55, relative to school bus drivers. BE IT ENACTED BY THE GENERAL ASSEMBLY

More information

JUDGE: His Honour Judge Pearson DATE OF RULING: 15 January 2010 COUNSEL FOR THE PROSECUTION: Mr A. Fleming COUNSEL FOR THE DEFENDANT: Mr F.

JUDGE: His Honour Judge Pearson DATE OF RULING: 15 January 2010 COUNSEL FOR THE PROSECUTION: Mr A. Fleming COUNSEL FOR THE DEFENDANT: Mr F. CASE CITATION: R v LR (not reported) Indictment number T20090048 (this is a transcript of the Ruling that was subsequently appealed by the Crown to the Court of Appeal, Criminal Division: CPS v LR [2010]

More information

Guns don t just go off

Guns don t just go off Guns don t just go off Fulton County District Attorney s Office Atlanta Judicial Circuit Clint Rucker Seleta Griffin Adam Abbate Cara Convery The Defense of Accidental Discharge What does Accidental

More information

JUDICIAL COLLEGE. 3. There is no longer any separate category of parasitic accessory/joint enterprise liability.

JUDICIAL COLLEGE. 3. There is no longer any separate category of parasitic accessory/joint enterprise liability. JUDICIAL COLLEGE A NOTE ON SECONDARY LIABILITY AND JOINT ENTERPRISE AFTER JOGEE 1 1. As the recent case of R v Jogee 2 ; Ruddock v The Queen 3 makes clear, the same principles govern every form of secondary

More information

FILED IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, October 29, 1999

FILED IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, October 29, 1999 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, 1999 FILED October 29, 1999 Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9809-CC-00368 ) Appellee,

More information

Negligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724

Negligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724 Negligence 1. Duty of Care Donoghue v Stevenson [1932] AC 562 - a duty of care could exist in any situation where loss, damage or injury to one party was reasonable foreseeable (foreseeable harm) - the

More information

MEDICAL MANSLAUGHTER

MEDICAL MANSLAUGHTER MEDICAL MANSLAUGHTER IAN DOBINSON * On 20 April 2009, Dr Jayant Patel was committed to stand trial in the Brisbane Supreme Court on three counts of manslaughter in relation to the deaths of patients under

More information

CORPORATE KILLING: TRYING AGAIN

CORPORATE KILLING: TRYING AGAIN CORPORATE KILLING: TRYING AGAIN William Norris QC, 39 Essex Street, London WC2R 3AT The blame culture 1. No longer do accidents happen. Everything is somebody else s fault. No disaster, no tragedy can

More information

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 Note to Candidates and Tutors: LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Crosby, C. (2008) 'Recklessness the continuing search for a definition', Journal of Criminal Law, 72 (4), pp

Crosby, C. (2008) 'Recklessness the continuing search for a definition', Journal of Criminal Law, 72 (4), pp This full text version, available on TeesRep, is the PDF (final version) of: Crosby, C. (2008) 'Recklessness the continuing search for a definition', Journal of Criminal Law, 72 (4), pp.313-334. For details

More information

R v Mohan. Dicta of Asquith LJ in Cunliffe v Goodman [1950] 1 All ER at 724 and Lord Parker CJ in Davey v Lee [1967] 2 All ER at 425 applied.

R v Mohan. Dicta of Asquith LJ in Cunliffe v Goodman [1950] 1 All ER at 724 and Lord Parker CJ in Davey v Lee [1967] 2 All ER at 425 applied. Page 1 All England Law Reports/1975/Volume 2 /R v Mohan - [1975] 2 All ER 193 [1975] 2 All ER 193 R v Mohan COURT OF APPEAL, CRIMINAL DIVISION JAMES LJ, TALBOT AND MICHAEL DAVIES JJ 14 JANUARY, 4 FEBRUARY

More information

How to Make Appropriate Reference to Legal Authority

How to Make Appropriate Reference to Legal Authority How to Make Appropriate Reference to Legal Authority References to legal authority are an essential part of an advocate s submissions in Court, and in written pleadings. It is important to know how to

More information

Child, J. et al. (2017) Smith, Hogan, and Ormerod s Essentials of criminal law. Second edition. Oxford: Oxford University Press.

Child, J. et al. (2017) Smith, Hogan, and Ormerod s Essentials of criminal law. Second edition. Oxford: Oxford University Press. U22145 Criminal Law View Online A.P. Simester (2009) Intoxication is never a defence, Criminal Law Review, (1), pp. 3 14. Available at: Amirthalingam, K. (2004) Caldwell Recklessness Is Dead, Long Live

More information

Corporate Manslaughter and the Company Director

Corporate Manslaughter and the Company Director ! # % &! ( ) Corporate Manslaughter and the Company Director Simon Daniels On the 6th April, 2008, long-awaited legislation came into force, which would change the face of corporate accountability for

More information

IN THE COURT OF APPEAL OF BELIZE, A.D CRIMINAL APPEAL NO. 20 OF 2009

IN THE COURT OF APPEAL OF BELIZE, A.D CRIMINAL APPEAL NO. 20 OF 2009 IN THE COURT OF APPEAL OF BELIZE, A.D. 2010 CRIMINAL APPEAL NO. 20 OF 2009 BETWEEN: MANUEL FERNANDEZ Appellant AND THE QUEEN Respondent BEFORE: The Hon. Mr. Justice Mottley President The Hon. Mr. Justice

More information

LAW. H415/01 Criminal law - Section B A LEVEL. Candidate Style Answers. H415 For first teaching in

LAW. H415/01 Criminal law - Section B A LEVEL. Candidate Style Answers. H415 For first teaching in Qualification Accredited A LEVEL LAW H415 For first teaching in 2017 H415/01 Criminal law - Section B Version 1 www.ocr.org.uk/law Contents Introduction 3 Section B Question 5: Level 4 answer 5 Commentary

More information

-v- PROSECUTION SUBMISSIONS ON DISMISSAL AND ABUSE OF PROCESS

-v- PROSECUTION SUBMISSIONS ON DISMISSAL AND ABUSE OF PROCESS IN THE CROWN COURT SITTING IN SOUTHWARK HHJ RIVLIN QC R -v- JONATHON TINKER (1) HENRY TODD (2) MICHAEL SMITH (3) ALPINE MOUNTAINEERING LIMITED (IN LIQUIDATION) (FORMERLY KNOWN AS OUT THERE TREKKING LIMITED)

More information

Wordie Property Co. v Secretary of State for Scotland 1983 SLT (LP Emslie) Somerville v Scottish Ministers 2008 SC (HL) 45

Wordie Property Co. v Secretary of State for Scotland 1983 SLT (LP Emslie) Somerville v Scottish Ministers 2008 SC (HL) 45 Wordie Property Co. v Secretary of State for Scotland 1983 SLT 345 @ 347-8 (LP Emslie) A decision of the Secretary of State acting within his statutory remit is ultra vires if he has improperly exercised

More information

This version was downloaded from Northumbria Research Link:

This version was downloaded from Northumbria Research Link: Citation: Storey, Tony (2016) A Dangerous Situation: The Duty of Care in Gross Negligence Manslaughter. The Journal of Criminal Law, 80 (1). pp. 12-16. ISSN 0022-0183 Published by: SAGE URL: http://dx.doi.org/10.1177/0022018315625513

More information

DRUNKENNESS AS A DEFENCE TO MURDER

DRUNKENNESS AS A DEFENCE TO MURDER Page 1 DRUNKENNESS AS A DEFENCE TO MURDER Criminal Law Conference 2005 Halifax, Nova Scotia Prepared by: Joel E. Pink, Q.C. Joel E. Pink, Q.C. & Associates 1583 Hollis Street, Ste 300 Halifax, NS B3J 2P8

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL) -AND-

THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL) -AND- BRITISH VIRGIN ISLANDS Claim No. BVIHCV2009/0162 BETWEEN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CRIMINAL) THE QUEEN Applicant -AND- RICKY TERRENCE POWELL Respondent Appearances:

More information

A-LEVEL LAW. LAW03 Criminal Law (Offences against the Person) 0r Contract Law Report on the Examination June Version: v1.

A-LEVEL LAW. LAW03 Criminal Law (Offences against the Person) 0r Contract Law Report on the Examination June Version: v1. A-LEVEL LAW LAW03 Criminal Law (Offences against the Person) 0r Contract Law Report on the Examination 2160 June 2016 Version: v1.0 Further copies of this Report are available from aqa.org.uk Copyright

More information

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2016

LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2016 Note to Candidates and Tutors: LEVEL 6 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

A Consistent Approach to Assessing Mens Rea in the Criminal Law of England and Wales

A Consistent Approach to Assessing Mens Rea in the Criminal Law of England and Wales A Consistent Approach to Assessing Mens Rea in the Criminal Law of England and Wales By Furey, JR 2010 Submitted by Jason Richard Furey, to the University of Exeter as a thesis for the degree of Doctor

More information

The Scope of Hybrid Public Authorities within the HRA 1998

The Scope of Hybrid Public Authorities within the HRA 1998 [2004] JR 43 The Scope of Hybrid Public Authorities within the HRA 1998 Vikram Sachdeva* Supervisor in Administrative and Public Law, Trinity Hall, Cambridge; and Barrister, 39 Essex Street 1. The width

More information

Her Majesty The Queen (appellant) v. Robert Sarrazin and Darlind Jean (respondents) (33917; 2011 SCC 54; 2011 CSC 54)

Her Majesty The Queen (appellant) v. Robert Sarrazin and Darlind Jean (respondents) (33917; 2011 SCC 54; 2011 CSC 54) Her Majesty The Queen (appellant) v. Robert Sarrazin and Darlind Jean (respondents) (33917; 2011 SCC 54; 2011 CSC 54) Indexed As: R. v. Sarrazin (R.) et al. Supreme Court of Canada McLachlin, C.J.C., Binnie,

More information

AQA A-Level Criminal Law

AQA A-Level Criminal Law AQA A-Level Criminal Law Answers to self-test questions and tasks Chapter 1 The Nature of Law Task 1 I hope you read the text above this task, if so it should have been easy. Whether the decision achieved

More information

!! # % & #! %()) ) +,)

!! # % & #! %()) ) +,) !! # % & #! %()) ) +,) COMMENT Private Defence and Public Defence in the Criminal Law and in the Law of Tort A Comparison Simon Parsons and Benjamin Andoh* Keywords Self-defence; Prevention of crime; Honest

More information

AS LEVEL. Law AS LEVEL. Specification LAW. H015 For first assessment in Version 1.1. (May 2018) ocr.org.uk/aslevellaw

AS LEVEL. Law AS LEVEL. Specification LAW. H015 For first assessment in Version 1.1. (May 2018) ocr.org.uk/aslevellaw AS LEVEL Law AS LEVEL Specification LAW H015 For first assessment in 2018 Version 1.1. (May 2018) ocr.org.uk/aslevellaw Registered office: 1 Hills Road Cambridge CB1 2EU OCR is an exempt charity. 2018

More information

The Supreme Court & The Court of Appeal

The Supreme Court & The Court of Appeal Judicial Precedent (2): The Supreme Court & The Court of Appeal By the end of this unit you should be able to explain [AO1] How the Supreme Court can avoid its own precedent, and alter the law using the

More information

PCLL Conversion Examination January 2012 Examiner s Comments Evidence

PCLL Conversion Examination January 2012 Examiner s Comments Evidence PCLL Conversion Examination January 2012 Examiner s Comments Evidence Question 1 This question was approached badly by too many students who appear not to have understood the question to advise A, S and

More information

Case 3:14-cr WHA Document 954 Filed 12/28/18 Page 1 of 7

Case 3:14-cr WHA Document 954 Filed 12/28/18 Page 1 of 7 Case 3:14-cr-00175-WHA Document 954 Filed 1/8/18 Page 1 of 7 1 3 4 5 6 7 8 9 XAVIER BECERRA Attorney General of California JAMES G. ROOT Senior Assistant Attorney General BRETT J. MORRIS Supervising Deputy

More information

CPS RASSO TRAINING SEXUAL OFFENCES AND CONSENT

CPS RASSO TRAINING SEXUAL OFFENCES AND CONSENT CPS RASSO TRAINING SEXUAL OFFENCES AND CONSENT Eleanor Laws QC BPP College of Law 27 th January 2018 www.qebholliswhiteman.co.uk Key provisions in relation to consent Sexual Offences Act 2003 s.74: Statutory

More information

OCR GCE Law special study units (G154/6/8) Updated 31/8/17. Skills pointer guide for use with June 2018 resource material

OCR GCE Law special study units (G154/6/8) Updated 31/8/17. Skills pointer guide for use with June 2018 resource material OCR GCE Law special study units (G154/6/8) Updated 31/8/17 Skills pointer guide for use with June 2018 resource material This skills pointer guide has been developed to assist teachers of OCR GCE Law in

More information

Common law system foundations for excluding evidence obtained illegally or unfairly and the relevant case law

Common law system foundations for excluding evidence obtained illegally or unfairly and the relevant case law Katarzyna Piątkowska Common law system foundations for excluding evidence obtained illegally or unfairly and the relevant case law Keywords: improperly, unfairly, illegally obtained evidence, admissibility,

More information

Tim has been charged with criminal damage to the value of 10,000 at a children s playground

Tim has been charged with criminal damage to the value of 10,000 at a children s playground Bail & Pre-Trial Procedures By the end of this unit, you will be able to explain [A01]: What is meant by bail The rules governing the operation of bail within the criminal law What a plea before venue

More information

Mitchell v Glasgow City Council [2009] UKHL 11, [2009] 1 AC 874, [2009] 2 WLR 481, [2009] 3 All ER 205 HL

Mitchell v Glasgow City Council [2009] UKHL 11, [2009] 1 AC 874, [2009] 2 WLR 481, [2009] 3 All ER 205 HL Mitchell v Glasgow City Council [2009] UKHL 11, [2009] 1 AC 874, [2009] 2 WLR 481, [2009] 3 All ER 205 HL Summary James Mitchell, 72, was attacked in July 2001 with an iron bar by his neighbour, James

More information

Criminal Law ( )

Criminal Law ( ) Criminal Law (2014-2015) View Online 1. 2. Glazebrook, P. R. Blackstone s statutes on criminal law 2012-2013. Blackstone s statutes series, (Oxford University Press, 2012). 3. Ashworth, Andrew & Horder,

More information

National Survey Findings: Americans Want A Balanced Supreme Court

National Survey Findings: Americans Want A Balanced Supreme Court To: Interested Parties From: GBA Strategies, on behalf of Navigator Research Re: SPECIAL SCOTUS EDITION of Navigator Date: July 11, 2018 National Survey Findings: Americans Want A Balanced Supreme Court

More information

POLICE PROSECUTOR TRAINING

POLICE PROSECUTOR TRAINING Training Brief - 1 - POLICE PROSECUTOR TRAINING Training Brief - 2 - B B Version History - 3 - Course Title Creator(s) Police Prosecutor Training Dan Suter Version Date Reviewed By Summary 1.0 Nov 2010

More information

Tips for Talking with Your Legislators

Tips for Talking with Your Legislators Tips for Talking with Your Legislators There are three basic ways to communicate your point of view to your legislator: by letter/email, by phone or by visit. The personal visit is probably the most effective

More information

Appeals, referrals and substantial injustice

Appeals, referrals and substantial injustice Appeals, referrals and substantial injustice Cooper, S Title Authors Type URL Appeals, referrals and substantial injustice Cooper, S Article Published Date 2009 This version is available at: http://usir.salford.ac.uk/15814/

More information

1 Criminal Responsibility

1 Criminal Responsibility 1 Criminal Responsibility 1.1 Who can commit crimes? A person who is: Over the age of 18 A rational being Capable of understanding the difference between right and wrong Able to control conscious actions

More information

Criminal responsibility under the South Pacific codes

Criminal responsibility under the South Pacific codes Bond University epublications@bond Law Faculty Publications Faculty of Law 1-1-2002 Criminal responsibility under the South Pacific codes Eric Colvin Bond University, Eric_Colvin@bond.edu.au Follow this

More information

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY COMPLAINT. Count I. Dwi - Death Of Another ( Y

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY COMPLAINT. Count I. Dwi - Death Of Another ( Y IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY POLICE NO. : 17-005161 PROSECUTOR NO. : 095439590 STATE OF MISSOURI, ) PLAINTIFF, ) vs. ) RODRIQUEZ FRANKLIN ) 1211 Sw Highland, ) Lees Summit,

More information

Restrictions on the Use of Sexual History Evidence: an Examination of Section 41 of the Youth Justice and Criminal Evidence Act 1999

Restrictions on the Use of Sexual History Evidence: an Examination of Section 41 of the Youth Justice and Criminal Evidence Act 1999 4 UK LAW STUDENT REVIEW VOL. 3 ISSUE 1 Restrictions on the Use of Sexual History Evidence: an Examination of Section 41 of the Youth Justice and Criminal Evidence Act 1999 Zain Khan* Abstract This article

More information

CORPORATE ACCOUNTABILITY

CORPORATE ACCOUNTABILITY THE CENTRE FOR CORPORATE ACCOUNTABILITY RESPONSE TO HOME OFFICE CONSULTATION DOCUMENT REFORMING THE LAW ON INVOLUNTARY MANSLAUGHTER: THE GOVERNMENT S PROPOSALS Sept.2000 Tel: (0207) 490 4494 e-mail: info@corporateaccountability.org

More information

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW * 15 January 2013 Level 3 CRIMINAL LAW Subject Code L3-3 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW * Time allowed: 1 hour and 30 minutes plus 15 minutes reading time Instructions to

More information

Completion Notices. Dan Kolinsky Landmark Chambers

Completion Notices. Dan Kolinsky Landmark Chambers Completion Notices Dan Kolinsky Landmark Chambers The Statutory Framework Rating liability governed by the Local Government Finance Act 1988 Two types of liability for NDR: a. s. 43 LGFA liability for

More information

Clinical negligence by Marc Cornock Senior Lecturer Faculty of Health, Wellbeing and Social Care The Open University

Clinical negligence by Marc Cornock Senior Lecturer Faculty of Health, Wellbeing and Social Care The Open University Clinical negligence by Marc Cornock Senior Lecturer Faculty of Health, Wellbeing and Social Care The Open University Address: Faculty of Health, Wellbeing and Social Care The Open University Horlock Building

More information

General Certificate of Education January Criminal Law (Offences against the Person) or Contract Unit 3. Mark Scheme

General Certificate of Education January Criminal Law (Offences against the Person) or Contract Unit 3. Mark Scheme General Certificate of Education January 2011 Law LAW03 Criminal Law (Offences against the Person) or Contract Unit 3 Mark Scheme Mark schemes are prepared by the Principal Examiner and considered, together

More information

Legal Liability. Sophie Foyston ROB

Legal Liability. Sophie Foyston ROB Legal Liability Sophie Foyston ROB14236233 Contents Task 1... 3 Part 1 (P1 and P2)... 3 Neighbour Principle... 3 Duty of Care... 3 Breach of Duty... 3 Damage... 4 Compensation... 4 Part 2 (M1)... 5 Part

More information

[Cite as FIA Card Servs., N.A. v. Salmon, 180 Ohio App.3d 548, 2009-Ohio-80.] IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT UNION COUNTY

[Cite as FIA Card Servs., N.A. v. Salmon, 180 Ohio App.3d 548, 2009-Ohio-80.] IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT UNION COUNTY [Cite as FIA Card Servs., N.A. v. Salmon, 180 Ohio App.3d 548, 2009-Ohio-80.] IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT UNION COUNTY FIA CARD SERVICES, N.A., APPELLANT, CASE NO. 14-08-26 v. SALMON,

More information

LAW REPORTS. This document explains how to access law reports

LAW REPORTS. This document explains how to access law reports LAW REPORTS This document explains how to access law reports The University of Bradford retains copyright for this material, which may not be reproduced without prior written permission. If you need to

More information