Section A Criminal Law (Fatal and non-fatal offences against the person)
Murder Actusreus(including causation), The actusreus is the unlawful killing of a person. mensrea(malice aforethought). that murder is a specific intent crime. I.e, the D. Intended to commit that crime in question.
Voluntary manslaughter. There are 2 special defences to Murder:- Diminished Responsibility and Provocation If the D. Can prove one of the above defences than, a charge of murder will become a charge of voluntary manslaughter.
Involuntary Manslaughter Involuntary manslaughter is an unlawful killing where the accused did not have the specific intention for murder. This includes; 1. Unlawful act manslaughter 2. Gross negligence manslaughter 3.Subjective recklessness manslaughter
Non- Fatal offences against the person;
Actual bodily harm,
Grievous bodily harm,
Wounding and grievous bodily harm with intent.
Defences Insanity automatism, Intoxication, Consent, Self-defence/prevention of crime.
Insanity What do you think this defence involves? What might the judge order if the D. Successfully pleads a defence of insanity?
Automatism This defence means that the D. Is not guilty of any crime since he acted like a robot because of some external cause. He was incapable of having the intention to commit any crime as he did not know what his body was doing. EG semi-conscious.
Consent, What do you think this defence involves?
Self-defence/prevention of crime D. Can be relieved of liability if they can show the crime was committed in order to defend him/herself. Or was done in order to prevent a bigger crime.
Intoxication What do you think this defence involves? Intoxication is available as a defence where, as a result of alcohol or drugs, The defendant is incapable of forming the mensreafor the offence. In Kingston, where a drugged man indecently assaulted a boy, the House of Lords declared that drunken intent was still intent.
Section; B LAW OF TORT
Negligence What do you need to prove negligence? Duty owed; there must be a duty of care owed to the C. Breach of duty; there was a breach of that duty. Damage: as a result of that breach you have suffered damage.
Occupiers liability There are two types of Occupiers liability; 1. Visitors 2.Tresspassers.
Nuisance There are three types of nuisance: Statutory nuisance Public nuisance Private nuisance
Vicarious liability; Vicarious liability means liability for someone else. It applies to all torts especially employment situations, (where an employer is liable for the torts of an employee.
Defences; Contributory negligence, Consent. Specific defences to nuisance and Rylands v Fletcher.
Remedies for tortious acts; Damages Injunctions.
Section C Concepts of Law: Look at the difference between; Law and Morals Law and Justice Judicial creativity. This is the synoptic element to the course and you will draw on the topics studied over the 2 years to help answer the questions.