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Synoptic paper 2011 Synoptic paper 2011 Presentation Transcript

  • Synoptic Paper 2011
    Involuntary Manslaughter
    Miss Hart
    2010-11
  • Question One
    Examiner’s Tip:
    Aim to explain three critical points about the case in question, and relating it to a significant case.
    12 marks AO2 + 4 marks AO1
    R v Church [1966]
    Andrews v DPP [1937]
    R v Adomako [1995]
    R v Lidar[2000]
    R v Bateman [1925]
    R v Goodfellow [1986]
    R v Kennedy No. 2 [2007]
    R v Cato [1976]
    R v Rogers [2003]
    • What the critical point of law from the case is (using the source)
    • How far it confirms the prior law View slide
    • How far it changes the law (with reference to at least one other case).
    Time:
    15 minutes
    Sample Question:
    View slide
  • Question Two
    Examiner’s Tip:
    Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction
    34 marks (16 AO2 + 14 AO1 + 4 AO3)
    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.
    Time:
    50 minutes
    Sample Question:
  • Question Three
    Examiner’s Tip:
    You should be able to identify at least three points of application plus a case for each high for marks
    30 marks (10 AO1 + 20 AO2)
    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.
    Essentially, they are an extended version of the section C questions on G153
     
    Remember that most of the relevant definitions will be the sources
    Time:
    30 minutes
    Sample Question:
  • The synoptic paper aims to bring together your AS and A2 learning.
    F
    O
    R
    D
    B
    O
    P
  • ... And another couple of basic recaps
    Hierarchy of the Criminal Courts
    Ratio decidendi
    Obiter dicta
    Material facts
  • How nice am I? Have a lovely syringe (x2)
    You’re old! You’re frail! Oops… is he breathing?
    Splash, splash. Oh this looks like a nice place to dump some rubbish.
    Lorry v Car sandwich
    Neigh, neigh, choo, choo
    White van driver...
    I know how I’ll get a new house… and lose my family
    Bump! Any chance I could actually get in the car?
    Gimme rent, honest I’ll look after you.
    How do you tell they’re dead again? Splash!
    I can see a vein…
    Let’s play catch… choo, choo.
    Lovely belt… tighter… tighter…
    Eww! What a horrible drink.
    Fanny’s been quiet recently
    Scare me, I’ll drop dead (though I look ok)
    Go on, shoot me! Revolver? What’s a revolver?
    Breathe in… breathe not?
    Knee, infection, dead
    You want me to shave? But I’m a girl!
    You khan have as much as you like. No matter to me if you’re well
    What a lovely ship, shame about the fuel
    To breathe or not to breathe, that is the wacky question
    Bullied to death? Might be enough for some, but not me.
    Evan(s) though I knew she was doing it, I was still a terrible sister
    Old crooks also owe duties
    Running away can be deadly
    Those girls clearly didn’t care about V, even if they didn’t know about her broken heart.
    Pill popping and preparation is legal. Honest!
    Doctors can make some mistakes legally.
    Don’t parents have a common duty? Not these two!
    Omiting to feed babies isn’t dangerous... legally
    Fireworks and fire officers are surprisingly deadly (even if warned).
    Dominoes in the post office
  • Definitions
    Gross Negligence
    Constructive Act
    Reckless Act
  • Starter:
    Name the case, and match the case with the area!
    I know how I’ll get a new house… and lose my family
    Constructive Act
    Bump! Any chance I could actually get in the car?
    How nice am I? Have a lovely syringeSecond time lucky
    Gross Negligence
    Lovely belt… tighter… tighter…
    How do you tell they’re dead again? Splash!
    Doctors can make some mistakes legally.
    Reckless Act
    I can see a vein…
    Eye’d not idea you were such a failure as a doctor
    White van driver...
  • How quickly can you find these answers?
    You need to be as precise as possible (line and source numbers)
    Where will you find the definition of constructive act manslaughter (more than one source)?
    Which three sources mention Adomako?
    Where are the facts of Goodfellow?
    Where will you find the certified question in Kennedy?
    Where will you find the grounds for appeal in Lidar?
    Source 1, lines 31-33 & source 6, lines 15-17
    Sources 2, 4 and 5
    Source 5, lines 34-35
    Source 6, lines 7-10
    Source 4, lines 4-5
  • Starter:
    How blobby are you feeling about law?
    This is entirely up to you...
    We have finished the criminal law.
    How are you feeling about it?
    Pick a blob... or two... or eight...
    You can annotate it, or pick different ones for different topics.
    [just remember to put your name on the back!]
  • Homework for the week of 21st March 2011
    • Revise Involuntary Manslaughter for a DRAG test (60 marks)
    • Produce an answer to the following question:
    “Discuss the significance of the case of Adomako to the development of involuntary manslaughter” [16] 
    Deadline:  Thursday 31st March 2011
  • What’s the phrase?
    w
    s
    y
    involuntary
    manslaughter
  • What about these?
    Is a conviction for manslaughter possible in either situation?
    Fontella, a care assistant on night shift in a nursing home, is so engrossed by a book that she is reading that she ignores the buzzer from the room of a patient, Gladys, who has a serious heart condition. Gladys is actually suffering a heart attack at the time and she is found dead the next morning. (10)
    Brett has a heroin habit. Brett’s friend, Chesney, fills a syringe with a large quantity of heroin. Brett is already too drunk on alcohol to inject himself so, at Brett’s request, Chesney injects Brett with the drug. Brett dies from an overdose of heroin. (10)
  • 1 of 2
  • 2 of 2
  • Quick Quiz
    Where will you find the facts of R v Goodfellow?
    Which two sources mention the problem of the ‘circular definition’ in gross negligence?
    Where will you find the test for unlawfulness in constructive act manslaughter
    Which source talks about the problems of murder, and their impact on manslaughter?
    Which two sources mention Lidar?
    Source 5, lines 34-5
    Sources 5 lines 18-19 & Source 2 lines 15-18
    Source 1, lines 31-3
    Source 3
    Source 4 & 5
  • Do you know your cases?
    Match the card... the ratio... and the manslaughter!
  • Absence Work
    You are going to mark your own work
    Sam
    GUIDANCE
    Maximum three marks for discussing the relevant Critical Point (CP)
    Maximum three marks for discussing an Analytical Point (AP)
    Maximum three marks for discussing a second Analytical Point (AP)
    Maximum one mark for a suitable conclusion to the scenario (CON)
    Candidates will be unable to achieve level 5 marks without discussing the critical point and a relevant case.
    • Realise basis for liability is gross negligence
    • Discuss the basis of a duty on the grounds of summoning assistance and mitigating harm Evans(Gemma)
    • Discuss the need for ‘gross negligence’ (Source 2, lines 8-9, Bateman, Adomako)
    • Discuss the need to establish a risk of death from D’s actions which is obvious to the reasonable man (Misra, Bateman)
    • Discuss the need for D’s actions or omissions to cause the death of V (Misra)
    • Discuss whether V’s actions break the chain of causation
    • Credit conclusion
    Credit reference to unlawful act manslaughter as well.
  • Now try the other two...
    Nora
    Jim
    • Realise that the liability is most probably for reckless act manslaughter.
    • Recognise that this requires D to see a risk of serious injury and choose to go ahead anyway [Lidar]
    • Recognise that D must cause the death of V in an unlawful manner
    • Recognise that the voluntary actions of V (Rogers) may break the chain.
    • Credit any reference to Andrews v DPP, and the notion of carelessness.
    • Credit conclusion
    Credit reference to gross negligence as well
    • Realise that the liability is constructive act manslaughter.
    • Recognise that it requires a criminal act [Franklin], and here this is arson
    • Recognise that the act must also be dangerous to the sober bystander [Church, Dawson, Watson, Carey] Recognise that arson covers at least a risk of harm, and consider whether D’s heart attack is foreseeable
    • Recognise that an act directed at property is enough [Goodfellow]
    • Recognise that D needs to have an intention to commit the criminal offence [Newbury & Jones]
    • Credit conclusion
    Credit reference to gross negligence as well
  • Which source is which?
  • AO1Knowledge
    You can use the source booklet to help you
    State 3 key issues that need to be proved for unlawful act manslaughter.
    What is the mensrea for unlawful act manslaughter?
    Why was there an unlawful act in R v Cato but not R v Dalby?
    What was the point of law in R v Church and R v Goodfellow?
    Why was R v Adomako an important decision?
    State 3 things that need to be proved for gross negligence manslaughter.
    How will the court decide whether a duty of care is owed?
    What was the significance of R v Bateman?
    How will a jury decide whether gross negligence manslaughter has occurred?
  • End of Unit Consolidation
     Name one source which confirms an earlier precedent of the Court of Appeal (which one)?
    Where is the definition of reckless act manslaughter to be found (source and line numbers)?
    Where is the definition of dangerous act to be found? (Source and line numbers)
    Where are the problems of juries in gross negligence trials mentioned?
    Where can you find the facts of Lidar?
    Where is the reckless/gross negligence problem to be found?
    Where is the issue of overlapping liability mentioned?
    Which source discusses the issue of causation in constructive act?
    Where is the ‘subjectivist’ argument to be found?
    Where is the impact of the definition of murder on the development of manslaughter to be found?
  • What does the paper look like?
  • “Discuss the significance of the case of Adomako to the development of involuntary manslaughter” [16] 
    Swap your Homework with the person to your left.
    You are going to mark the response in line with the official mark scheme.
    What are the key things to remember in this question?
  • Match the key cases!
    To help you with question one...
    Match up each of the eight cases as below...
  • Structure of the essay....
  • Homework
    Revise Involuntary for DRAG
    Complete January’s question 2