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