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Miss Hart             2011-12 SynopticPaper 2012  Attempts
Starter:          It’s domino time!Use the dominoes to demonstrate your understanding of the key topic!                   ...
So what’s this paper all about? This paper is focused on pulling  your knowledge of AS and A2 together to evaluate, apply ...
Question One                          It will be on the importance or significance of                                     ...
Sample Question:1. Explain the significance of R v Campbell [source 1, lines 22-26] to the development of the   law on att...
Question Two                                                        Examiner’s Tip:                                       ...
Example Question:2. In Source One, lines 1-2 the author states that “the criminal law does not punish people just   for in...
Looking at your essay, identify         your ABC                 Absolutely fantastic thing you                        hav...
Question Three                                                                               Examiner’s Tip:          30 m...
Example problem:                                Your answer:Remember: there’d be three in the real thing!Discuss whether a...
Any Questions?
The synoptic paper aims to bring together your AS and A2 learning.                                          Precedent mean...
Source One:
On your post it..1.   One thing you have learnt this lesson.1.   One question you have or one thing     you are still not ...
Starter:Recalling your knowledge  Can you name the case and then assign it to one of the areas?
Consolidation & PracticeThe aim of today is to begin looking in depth at question one, allowing you  to practice the skill...
Working in Pairs or Threes                       Case Work   Produce a Case file on                Write a sample response...
Peer Feedback Take a look at the response of   one of the other groups.   Compare it to the sample     answer on Campbell ...
HomeworkPlease complete a written answer to the following question:“Explain the significance to the law on attempts of the...
Starter:Have you become familiar with sources               yet?!1. Where will you find the definition of an attempt?     ...
Intro:How well do you know Attempts?                 Using your own knowledge complete                     the sheet to sh...
How confident are you with the first             source?                   Complete the task sheet                     to ...
... and now for the next one!
Importance of the case and the source: This is one of the eight key cases, and so we need to stop a moment and look at it ...
Feedback on Shivpuri responses
Introduction:Mix and match the key case cards.      These will give you a plan for any question 1 in the exam
HomeworkRewrite Shivpuri to improve your grade:         Friday 9th SeptemberReminder: Involuntary DRAG next Fri!
Starter: Can you name the case?                        R v JonesR v Geddes                    R v Whybrow
... and now for the next one!
... Again this is a key case         Start by completing the cloze to understand the key issues of the caseThe basis of D’...
Homework    Remember that you will have a mock G154 exam in your last lesson next week.       You also need to produce an ...
Starter   Using the sources, decide whether each of the followingstatements is true or false, and find the line numbers to...
Thinking:What crime is impossible     to attempt?
Source Four:
Applying the law...                                                      Liable?   Why?Dave wants to kill Louise and. He ...
Proposal and issuesCurrent General ApproachOne issue...Proposal...
Proposal and issuesCurrent General ApproachOne issue...Proposal...
Problems… problems… problems!                           Discuss whether a conviction for attempts would                   ...
Exemplar Answer:Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in thedrink is insuffi...
Practice what you preach!             Answer one of the other                  problems…            Greg & Hans           ...
Today:     Mock exam    1 hour 30 minutes           Order to answer: A, C, BQuestion     How long?      Timing    A       ...
Mens Rea of Attempts:  Show your understanding!According to the Criminal Attempts Act 1981 D is required to intendthe full...
Let’s look at the impossible     Put the following into the correct time order to summarise the                  developme...
Exemplar Answer:Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in thedrink is insuffi...
Timed challenge of the lesson:Answer the following problem question                                                       ...
On your post it..1.   One thing you are confident with.1.   One question you have or one thing     you are still not sure ...
Card Sort Time!   Match the case... the ratio...  Now put them into the three            areas!
Mens Rea of Attempts:     Forget the cases...            What is it?                                       What’s the rule...
Mocks                           Yes, it’s how to write themGeneral feedback on the mocks: liable not guilty Do you actua...
Essays
What’s the source?
Starter:           10 Minutes, 10 Answers.1. Where will you find the approach of the common law on   attempting to do the ...
Today’s Focus:               The Case Study                              Two minutes...                           WITHOUT ...
Our Model Answer: Explain the significance of AG’s Ref No 3 of 1992 to      the development of the law on attempts.       ...
What will your answer look like?               Miss Hart’s paragraph one:       Attorney-General’s Reference No 1 of 1993 ...
Practice what you preach!           Briefly explain the importance of R v           Mohan to the development of the law   ...
Briefly explain the importance of R v Mohan to the development of                       the law of attempts.              ...
Examiner’s Mark Scheme                                                                      Swap your work with theCP1 Dis...
Did it help?   How confident are you on the skills needed to    produce a successful question one & three?                ...
Each of the statements will appear for 20 secondsYou need to say true or false!                     ... and find the evide...
Today we are going to look at andEssays                     write some of the smaller sections                            ...
Actus Reus                                   Task One:                              Name the caseHe was only trying to ge...
Developing your response                                                          Sources?                Complete the pa...
The next step?        What came before?            “consistency”Half of you will complete before,           half after.   ...
ReformsHow many problems with the    Which of these were addressed in  law on attempts can you            the consultation...
You now have 20 minutes to produce an answer         to the following statement: “The current law on attempts works effect...
Can you translate the student speak into proper                phrases or arguments?Attempts is when D tries to do somethi...
Finally:           How many do you know?1. The definition of an attempt2. The Act which criminalises attempts3. Which case...
Extension                 Problem questions...                                 No problem!                                ...
Student task:You have been given one of the problems, plan and produce a                 full marks response to it.       ...
Do you know how to construct the answer to question one?                 On the paper in front of you are the             ...
Synoptic paper 2012
Synoptic paper 2012
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Transcript of "Synoptic paper 2012"

  1. 1. Miss Hart 2011-12 SynopticPaper 2012 Attempts
  2. 2. Starter: It’s domino time!Use the dominoes to demonstrate your understanding of the key topic! ... And you have 10 minutes to complete it!
  3. 3. So what’s this paper all about? This paper is focused on pulling your knowledge of AS and A2 together to evaluate, apply and explore one area of the law.You will have the synoptic booklet in the exam. The majority of the marks are AO2You must use the source booklet insupport of each of your arguments or application.
  4. 4. Question One It will be on the importance or significance of one of these eight cases... 12 marks AO2 + 4 marks AO1 R v Campbell (1991) 93 Cr App Rep 350 15 R v Guellefer [1990] 3 All ER 882 minutes R v Geddes [1996] 160 JP 697 R v Jones (Kenneth) [1990] 3 All ER 886 What do you have to R v Whybrow (Arthur George) (1951) Cr App Rep 141 (CA) do? R v Mohan [1976] QB 1Identify what the critical point Attorney-General’s Reference (No 3 of 1992) [1994] 1 WLR 409of law from the case is (using thesource) R v Shivpuri [1987] AC 1How far it confirms the priorlawHow far it changes the law(with reference to at least one Examiner’s Tip:other case). Aim to explain three critical points about the case in question, and relating it to a significant case.
  5. 5. Sample Question:1. Explain the significance of R v Campbell [source 1, lines 22-26] to the development of the law on attempts [16]The Court of Appeal allowed D’s appeal This approach to the law was followed by thequashing his conviction for attempted robbery Court of Appeal in R v Geddes [Source 2, linesas it alleged that an attempt had yet to be 12-14], who confirmed that D must havecommitted [source 1, lines 23-4] as he had yet moved from planning and preparation toto enter the post office, and so his acts were execution or implementation to have met thenot more than merely preparatory, which was test under the Act. The Law Commission hadthe required test under the Criminal Attempts proposed a new offence of criminalAct 1981 s.1. They confirmed that this was the preparation which would probably haveright test, and the prior tests e.g. Proximity included actions such as Campbell’s andwere not necessary. The trial judge had provide a more just outcome.referred to these tests, and so D’s convictionwas quashed.This conclusion may be unfair to the police, Campbell, therefore, is significant in that itwho believed that D was about to commit a confirms that the judge must focus on the testrobbery and would seem to hamper their under the 1981 Act, even though this maypowers to protect the public. However, it is make the law on attempts less effective toconsistent with the court’s approach in R v enforce as the police would have to wait forGuellfer which said that the starting point the defendant to actually try and rob the postmust be the words of the act, and whether D office to be liable.had embarked on the crime proper.
  6. 6. Question Two Examiner’s Tip: Focus on balance and 34 marks (16 AO2 + 14 AO1 + 4 AO3) reason in your answer, and make sure to identify the point of the question in yourIt will be a question on attempts, and will use a quotation introductionfrom one of the sources as a start. You should start yourresponse by putting this quote into context: what is the You also need to besource arguing? Why are they arguing it? accurate and precise in your use of the sourceYou will need to look at what the law under the Criminal material.Attempts Act 1981 is, and the difficulties that the judgeshave had in clarifying and interpreting this law.Really you are looking at whether the development of thelaw has been reasoned and consistent, or subject tochange. Time:The quote will identify a theme to focus on, and you 35 minutesshould be referring back to this throughout. (technically) around 50You will need to use a range of quotes from the source,and add your own knowledge to the 8 cases in the source(in other words look to use about 15+ cases)
  7. 7. Example Question:2. In Source One, lines 1-2 the author states that “the criminal law does not punish people just for intending to commit a crime...” Discuss how accurately the statement above reflects the interpretation of the law on attempts by the courts [34] Student task: Look back at your essay on attempts.  How many cases did you use?  How many cases which are not in the sources did you refer to?  Did you refer to the legal principle in each case, or just the facts?  Did you refer to a range of sources?  Did you link your extracts from the sources to your point, or did you just extract the information?  Were you balanced in your approach?
  8. 8. Looking at your essay, identify your ABC Absolutely fantastic thing you have done. Better if you did... Confidence with this style of question
  9. 9. Question Three Examiner’s Tip: 30 marks (10 AO1 + 20 AO2) You should be able to identify at least three points of application plus a This will consist of three short problem questions case for each high forto which you need to identify the relevant aspects marksof law, and then apply it to the situation coming to a sensible conclusion. There will be at least one critical point (this the bit Remember that most of the relevant definitions of law which jumps out at will be the sources ... you when you read the question!) but you will And you will need to start with s.1(1) need to also identify at Criminal Attempts Act 1981 least two other points. Time: 25 minutes I suggest that you tackle these first....
  10. 10. Example problem: Your answer:Remember: there’d be three in the real thing!Discuss whether a convictionfor attempts would bepossible in each of thefollowing situations:(a) James thinks that Lewis, apolice officer, is out to gethim. As a result he decides totry and ‘get’ Lewis first. Heconfronts him and swings athim, trying to stab him in thechest. He misses. Unknown toJames, Lewis is wearing astab-proof vest. [10]
  11. 11. Any Questions?
  12. 12. The synoptic paper aims to bring together your AS and A2 learning. Precedent means... Ratio decidendi.... Practice Statement... Material facts... Can you identify any cases in this area which you could use to illustrate any of these rules?
  13. 13. Source One:
  14. 14. On your post it..1. One thing you have learnt this lesson.1. One question you have or one thing you are still not sure of.
  15. 15. Starter:Recalling your knowledge Can you name the case and then assign it to one of the areas?
  16. 16. Consolidation & PracticeThe aim of today is to begin looking in depth at question one, allowing you to practice the skills and knowledge you will need to demonstrate in January. First a challenge... Can you name all eight of the key cases without your booklet? Campbell R v Mohan Gullefer Attorney-General’s Geddes Reference (No 3 of R v Jones 1992) (Kenneth) R v Shivpuri R v Whybrow (Arthur George)
  17. 17. Working in Pairs or Threes Case Work Produce a Case file on Write a sample response to your assigned case the following question: This should cover: “Briefly explain the importance of theBrief facts & which court heard it case of to theThe area or question being addressed development of the law on attempts”by the courtWhich sources it links toWhich cases it links to How it links to the casesWhat the court decided (the ratio notthe outcomeThe effect of this decision on D
  18. 18. Peer Feedback Take a look at the response of one of the other groups. Compare it to the sample answer on Campbell In your pairs, add a comment to the bottom of their response. A great answer because... Better if... How confident should they be with their understanding?
  19. 19. HomeworkPlease complete a written answer to the following question:“Explain the significance to the law on attempts of the case of R v Shivpuri [source5, line 14]” [16] Due 25th November 2011
  20. 20. Starter:Have you become familiar with sources yet?!1. Where will you find the definition of an attempt? Source 1, Line 10-132. Which two sources discuss the case of R v Geddes Source 1, lines 31-33 & Source 23. Where will you find the facts of R v Shivpuri? Source 5, Line 14-184. Which case is followed in R v Jones (Kenneth) R v Gullefer5. Which two cases discuss the problems of the mens Sources 4 and 5 rea and attempts6. Where will you find the problems of attempted theft Source 6, Lines 29-34 discussed?7. Which two sources identify the role of the jury in Source 3, Lines 9-11 & Source determining an attempt. 1, lines 17-218. Which two sources mention the court’s use of the Source 6, line 21 & literal rule in interpreting the Criminal Attempts Act 1981? Source 3, line 8
  21. 21. Intro:How well do you know Attempts? Using your own knowledge complete the sheet to show your AO1 understanding of the topic. Remember: You can ask if you are not sure! Your answers should be concise, summarised notes.
  22. 22. How confident are you with the first source? Complete the task sheet to demonstrate your understanding.
  23. 23. ... and now for the next one!
  24. 24. Importance of the case and the source: This is one of the eight key cases, and so we need to stop a moment and look at it in a little more detail. Step One: Find evidence from the source for each of the following: Importance of the statutory test Importance of Role of the evidence in judge determining MR Rv Geddes Getting ready Link to is not enough Guellfer ... Step two: Complete the sheet!
  25. 25. Feedback on Shivpuri responses
  26. 26. Introduction:Mix and match the key case cards. These will give you a plan for any question 1 in the exam
  27. 27. HomeworkRewrite Shivpuri to improve your grade: Friday 9th SeptemberReminder: Involuntary DRAG next Fri!
  28. 28. Starter: Can you name the case? R v JonesR v Geddes R v Whybrow
  29. 29. ... and now for the next one!
  30. 30. ... Again this is a key case Start by completing the cloze to understand the key issues of the caseThe basis of D’s appeal was the pre-Act case of . He argued that this should beused by the court to interpret the phrase MTMP, as it had been the law for a long time before. Thismeans that he would not be liable as he had notHowever, the Court made it clear that the start of any interpretation are the whichwere intended to clear up all the mess which existed before.Because of in the CA’s use of the pre-Act tests to determine MTMP, the Courthad to chose between the earlier case of , which had applied the series ofacts test, and which had said that the only thing that was importantwere the words of the Act themselves. inconsistency words of the Act Boyle and Boyle Guellfer Eagleton Cocked the gun and pulled the trigger... Step two: Complete the sheet!
  31. 31. Homework Remember that you will have a mock G154 exam in your last lesson next week. You also need to produce an answer to the following exam question:“The criminal law … recognises that conduct aimed at committing anoffence may be just as blameworthy if it fails to achieve its purpose asif it had been successful.” [Source 1, Lines 1-3]Discuss how far this statement accurately reflects the approach of thecourts to the law on attempts.
  32. 32. Starter Using the sources, decide whether each of the followingstatements is true or false, and find the line numbers to back it up! 1. D is not liable for attempted theft if he takes an umbrella he thinks is not his, but actually is. Source 6, lines 29-32 2. Jones applies the literal rule in interpreting s.1(1) Criminal Attempts Act 1981 Source 3, line 8 3. A terrorist who shoots someone in the kneecaps, and they later die, is guilty of attempted murder Source 5, lines 3-8 4. The judge has the only power in deciding whether or not D has committed an offence Source 1, lines 15-17 etc. 5. One reform to the law would be to have the same mens rea for the full offence, as the attempted offence Source 5, lines 44-46
  33. 33. Thinking:What crime is impossible to attempt?
  34. 34. Source Four:
  35. 35. Applying the law... Liable? Why?Dave wants to kill Louise and. He creeps upbehind her and takes his hands out of his pocketsintending to strangle her, when Simon, who issuspicious, pulls his hands away before he can liftthem.Bernard believes in voodoo. He is angry at MissHart who has set him far too much homework anddecides to kill her. He creates a voodoo doll, andsticks pins in it, believing that it will have therequired effect on Miss Hart.Janine wants to kill James. She decides todrive down the road, knowing that James alwayscrosses the road to the newsagent at precisely7.15 each morning. However, she has too manypoints on her licence and sticks to the speedlimit. Unknown to Janine, James is ill and sonever comes out.
  36. 36. Proposal and issuesCurrent General ApproachOne issue...Proposal...
  37. 37. Proposal and issuesCurrent General ApproachOne issue...Proposal...
  38. 38. Problems… problems… problems! Discuss whether a conviction for attempts would be possible in each of the following situations:3 Applied pointsAt least one other case a) Greg and Hans are found in the garden of aConclusion house with masks, a torch and screwdrivers inLink to source their pockets. They admit they intended to10 marks each burgle the house. Unfortunately, unknown toAO1 and AO2 them, the house had been knocked down three days ago. b) Amir knows his girlfriend has been going out with Blake. Amir plans to disfigure Blake. He buys some acid which he intends to throw in Blake’s face and then drives to Blake’s house. As he is about to get out of the car, he sees a police car nearby. Amir immediately drives off. c) Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in the drink is insufficient to kill and Donna survives.
  39. 39. Exemplar Answer:Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in thedrink is insufficient to kill and Donna survives. According to s.1(1) Criminal Attempts Act 1981, D is guilty of an attempt if he intends to do an Act which is more than merely preparatory (Source One, lines 10- Student Task 13). By putting the poison in the drink, Connor is clearly performing a more than preparatory act as he has 1. Take two “begun to carry out the commission of the offence” (source 2, line 22). This is similar to the case of White, colours, and where D was convicted of attempted murder for highlight the poisoning his mother’s drink, in spite of the fact that AO1 in one and she died of an unrelated heart attack. the AO2 in the other. In addition, under the law as confirmed in Whybrow, 2. Remember the where D electrocuted his wife (Source 4, lines 1-7) the checklist? mens rea for attempted murder is the intent to kill only. Connor clearly has the mens rea and so appears to Annotate the be liable. exemplar to show evidence Although the completed offence is impossible, as the of each! amount of poison was not enough to kill, under s. 1(2) of the Act, Connor can still be liable “even though the facts are such that the commission of the offence is impossible. In conclusion, this means that Connor is likely to be
  40. 40. Practice what you preach! Answer one of the other problems… Greg & Hans Amir  Recognise that the offence would beRecognise that Greg and Hans clearly attempted GBH due to the disfiguring ofintend to burgle which is enough for Blakemens rea under the act (Mohan)  Recognise that by buying the acid he isRecognise that their acts may be only committing a preparatory actpreparatory (Geddes, Jones, Tosti) and (Jones, Geddes)  Discuss whether by driving to Blake’sdiscuss whether they have begun the house he has done an act which is morecommission of the offence (Campbell) than merely preparatory (Jones, Guellfer)Recognise that the crime is factually  Recognise that the plan and the intentionimpossible (Shivpuri) but they may still to throw the acid may consitute a desirebe liable to bring about the conseqences (Mohan)  Recognise that his decision to ‘abort’ the attempt will not relieve him of liability Credit reference to the source Credit conclusion Credit reference to the source Credit conclusion
  41. 41. Today: Mock exam 1 hour 30 minutes Order to answer: A, C, BQuestion How long? Timing A 15 minutes C 25 minutes B 50 minutes
  42. 42. Mens Rea of Attempts: Show your understanding!According to the Criminal Attempts Act 1981 D is required to intendthe full offence to be liable for the attempted offence. This was confirmed in thecase of Mohan where they held that it amounted to a true desire to bringabout the consequences, as confirmed in Source 5 , lines 21-23 . attempted murderFor the crime of D must intend to kill whereas for murderan intention to Cause GBH is sufficient. However, D may have a direct or oblique intent, as confirmed in the case of Walker & Hayes.In addition, some crimes require more than one element of Mens rea .For these offences, the Court of Appeal appears to have decided that although Dmust still intend the main event, they can be reckless to the circumstancesor consequences of the crime. This is inconsistent with the general rules.One consequence of the severe approach to mens rea in attempts is that thereare some crimes which become completely impossible to even attempt, such as Involuntary manslaughter .
  43. 43. Let’s look at the impossible Put the following into the correct time order to summarise the development of the law in this area. *put those convicted above the arrow, and those acquitted below*Haughton v Crossley v Taafe R v Jones Smith Llewellyn Anderton v Ryan R v Shivpuri Criminal Attempts Act 1981
  44. 44. Exemplar Answer:Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in thedrink is insufficient to kill and Donna survives. According to s.1(1) Criminal Attempts Act 1981, D is guilty of an attempt if he intends to do an Act which is more than merely preparatory (Source One, lines 10- Student Task 13). By putting the poison in the drink, Connor is clearly performing a more than preparatory act as he has 1. Take two “begun to carry out the commission of the offence” (source 2, line 22). This is similar to the case of White, colours, and where D was convicted of attempted murder for highlight the poisoning his mother’s drink, in spite of the fact that AO1 in one and she died of an unrelated heart attack. the AO2 in the other. In addition, under the law as confirmed in Whybrow, 2. Remember the where D electrocuted his wife (Source 4, lines 1-7) the checklist? mens rea for attempted murder is the intent to kill only. Connor clearly has the mens rea and so appears to Annotate the be liable. exemplar to show evidence Although the completed offence is impossible, as the of each! amount of poison was not enough to kill, under s. 1(2) of the Act, Connor can still be liable “even though the facts are such that the commission of the offence is impossible. In conclusion, this means that Connor is likely to be
  45. 45. Timed challenge of the lesson:Answer the following problem question Mark SchemeSarah picks up Louise’s bag intending to steal her purse. However, Louise Recognise that her acts are clearly more than merely preparatory (Geddes, Jones, Tosti) has taken it out and there is only a and explain that by going into the bag, she is diamond necklace in there. Sarah clearly beginning the commission of the puts the bag back. She is charged offence (Campbell) with attempted theft.  Recognise that Sarah clearly has an intent to steal which may be enough (Mohan).  Recognise that her intent is conditionalWhat do you know about answering (Husseyn) and may rely on the correct charge the question? being advanced by the CPS (AG’s ref no 1 and 2 of 1979) Recognise that the crime is factually impossible (Shivpuri) but she may still be liable Credit reference to the sources Credit conclusion
  46. 46. On your post it..1. One thing you are confident with.1. One question you have or one thing you are still not sure of.
  47. 47. Card Sort Time! Match the case... the ratio... Now put them into the three areas!
  48. 48. Mens Rea of Attempts: Forget the cases... What is it? What’s the rule? General Rule: Areas of issue:Attempted Offences with Property Murder: more than one offences element of MRIncludes?
  49. 49. Mocks Yes, it’s how to write themGeneral feedback on the mocks: liable not guilty Do you actually know yoursources? Do you know your cases? Focus on the attempt, not thefull offence Evaluate your cases Use detail and argument inyour essays Analyse don’t explain Use the words of thequestion in your evaluation.
  50. 50. Essays
  51. 51. What’s the source?
  52. 52. Starter: 10 Minutes, 10 Answers.1. Where will you find the approach of the common law on attempting to do the impossible?2. Identify two sources which discuss the meaning of ‘more than merely preparatory’?3. Which sources discusses reform to the current law on attempts?4. Where will you fine the facts of Jones?5. Where will you find the reason for criminalising attempts?6. Where will you find reference to the role of the jury in attempts?7. Name one case from the sources which reverses the decision of the lower court.8. Which two sources mention the case of Guellfer?9. Which source[s] discuss the problem of ‘preparatory acts’?10.Identify two problems with the current law on attempts.
  53. 53. Today’s Focus: The Case Study Two minutes... WITHOUT the handout 1. Name all the cases which you must know: 2. Which source(s) are they all in? 3. List them from your most confident to your least!What can you tell me about therequirements of question one?
  54. 54. Our Model Answer: Explain the significance of AG’s Ref No 3 of 1992 to the development of the law on attempts. Notes Find the source it is in, andStage One: look for useful information. Make sure you are clear on theStage Two: decision of the court in the case, and their reasons. Stage Now... think how this might relate to an earlier case. What did it Three: decide? Are the cases consistent? Think about what comes after. IsStage Four: there a case or report which links to this? Are they consistent? So, was it significant or notStage Five: and why?
  55. 55. What will your answer look like? Miss Hart’s paragraph one: Attorney-General’s Reference No 1 of 1993 reversed the decision of the lower courts, holding that as a point of law D’s recklessness as to the endangerment to human life caused by throwing the fireball was sufficient as he intended the central element of the offence (the criminal damage). This seems to move away from a strict reading of the act, as it only uses the word ‘intent’ in reference to the mens rea. 1. What is good about this first paragraph? 2. What could you improve?
  56. 56. Practice what you preach! Briefly explain the importance of R v Mohan to the development of the law of attempts. 10 minutes to plan... You can use each other, your source book and even Miss H to help with your plan! 15 minutes to write up.
  57. 57. Briefly explain the importance of R v Mohan to the development of the law of attempts. Notes Find the source it is in, andStage One: look for useful information. Make sure you are clear on theStage Two: decision of the court in the case, and their reasons. Stage Now... think how this might relate to an earlier case. What did it Three: decide? Are the cases consistent? Think about what comes after. IsStage Four: there a case or report which links to this? Are they consistent? So, was it significant or notStage Five: and why?
  58. 58. Examiner’s Mark Scheme Swap your work with theCP1 Discuss the significance of the case – Mohan made it person next to youclear that intention was the mens rea for anattempt, confirming the words of the Act, and defined an You should write CP, AP, LC inintention as a decision to bring about so far as it lay within his the margin where that personpower the commission of the offence. has referred to that point.AP1 Recognise the major issue in the case – that D’s appeal To receive the full marks, theyagainst conviction for attempted GBH by wanton driving must have mentioned thesucceeded as the judge had incorrectly instructed the jury by CP, discussed two APs, have atreferring to recklessness and not using intent. least one LC and a conclusion using the key wordsAP2 Identify that the interpretation is in line with thedefinition of intention in the criminal law and confirms that Simple really!recklessness is not sufficient, confirming the obiter of thecourts in Davey v Lee.  Finally, you need to A & BAP3 Discuss the development of the approach in cases with them!more than one element, such as Khan or Attorney GeneralReference No. 3 of 1992AP4 Consider any other relevant pointLC Link to any other relevant case eg Khan; AGs Ref Np 3 of1992; Davey v Lee etc.
  59. 59. Did it help? How confident are you on the skills needed to produce a successful question one & three? As you leave, put your name on the arrow, at the point which you think sums you up!Not at all Veryconfident confident
  60. 60. Each of the statements will appear for 20 secondsYou need to say true or false! ... and find the evidence! Source five Source finalcan not The The law Law The three takes courts on You cannotcase the suggests that on AG’s key No.3 of The Ref attempt Mohan’s literal to Commission report use the conviction attempting tests Mason tried do the old to the1992of attempts law on MRabout to commit fine AR is is a theunder any is suggested to approach no drive drunk was upheld. impossible conditional intent. summary offence andis Geddes. of in no need settled and clear. circumstances. interpretation reforms. reform.
  61. 61. Today we are going to look at andEssays write some of the smaller sections of the essay. The aim is to write an effective section which demonstrates effective understanding of the requirements. “The difficulty for the law on attempts is to determine where to draw the line – how far does someone have to go towards committing an offence before his or her acts become criminal?” Source 1, lines 6-8 Analyse the extent to which this statement accurately reflects the development of the law on attempts Challenge one: Write the introduction. (5 mins)
  62. 62. Actus Reus Task One: Name the caseHe was only trying to ged his money You really aren’t going to like this.back! Will they have acted on it?School toilets can be dangerous Only an eagle eye would haveCan you be a drunk driver without spotted the bread was lighter.being in the car?  Their skills in hole making mightStone me! He’s alive! come in handy for a prison break.
  63. 63. Developing your response Sources? Complete the paragraph Own cases?The actus reus of attempts is... Key cases?This comes from...It needed to be brought in because...However, it remained a problem because...This has led to...The main case on this area is...Where...The question for the law is...According to the case of...The approach of the courts is...
  64. 64. The next step? What came before? “consistency”Half of you will complete before, half after. How has the law developed since? Task:Swap the answers and read then discuss.
  65. 65. ReformsHow many problems with the Which of these were addressed in law on attempts can you the consultation? identify? What did they propose? Do you agree? Why? Why not?
  66. 66. You now have 20 minutes to produce an answer to the following statement: “The current law on attempts works effectively and is in no need of reform” Hint: pick two or three points and discuss them in detail!
  67. 67. Can you translate the student speak into proper phrases or arguments?Attempts is when D tries to do something and doesn’t.In Geddes he got off because he didn’t go near a student.If you try to kill a person who isn’t dead you are still guilty.
  68. 68. Finally: How many do you know?1. The definition of an attempt2. The Act which criminalises attempts3. Which case made it clear that attempting to do impossible is an offence.4. The mens rea for attempted murder5. The meaning of conditional intent6. Why attempts are criminalised Stickers require perfection!7. Two limitations to the law on attempts8. Two proposed reforms to the law on attempts9. Which of the above can be found in the sources!10. ... And where those would be 
  69. 69. Extension Problem questions... No problem! a) Meg is angry at Steven for cheating on her with her sister. She confronts him at work and fires a gun at Task: him, intending to scare him. She hits him in the knee. She is charged with attempted murder Look at the question from b) Brian wants to burgle the Christmas to ensure he haslast week & your mocks last enough presents for his family. He has a lock pick and a hammer on him. PC Steve, who is walking past the week. house, sees Brian bent over looking at the lock and arrests Brian for attempted burglary. Identify your targets (things c) Sebastian and James are rival shop owners who areyou must do to be brilliant!) feuding over customers. Sebastian believes that Jamesand pop them on the post-it. is stealing his customers, and fed up, wants to stop James. He decides to throw a lit brick at James’ shop, Now, look at the following hoping that the damage will stop him opening. He misses and it bounces off a nearby wall. Unknown to three questions: him, James is in the shop taking inventory when he throws the brick at 6.30pm. Sebastian is charged with attempted criminal damage endangering life.
  70. 70. Student task:You have been given one of the problems, plan and produce a full marks response to it. Now, swap your response with another member of the class, who has completed the other question and mark the answer. Remember: CP + 2AP+ LC + Con = Success!
  71. 71. Do you know how to construct the answer to question one? On the paper in front of you are the answers to three cases, (Geddes, Jones, Campbell) but they are all mixed up. Can you reconstruct the answers, and put them in the right order?* *as a little bit more of a challenge, all of the defendants are referred to as D!

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