A2 Mock Exam Prep 2014

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A2 Mock Exam Prep 2014

  1. 1. Preparing for the Mock Exam A2 Criminal Law Paper G153 13C Monday 10.3.2014 9.00-11.00 13E Tuesday 11.3.2014 11.30-1.30
  2. 2. Starter: Welcome to the speedy point collector You have 7 minutes to answer the question… …the winner will be the person with the most points overall.
  3. 3. The bigger picture…
  4. 4. Introduction: Applying that knowledge… Martin sleeps with Claire but doesn’t tell her he has HIV, as he is worried that she will leave him if she knows. Claire’s brother, Wayne, later finds out from a friend that Martin is HIV positive, and is furious. He sends Martin over fifty text messages threatening to harm him and let him ‘bleed to death’. Martin does not know who is sending the messages, but is now too terrified to leave his house. Meanwhile, Claire has been diagnosed with HIV and wants revenge. She takes her airgun to Martin’s house and fires it through the letter box, meaning to scare him. Martin, terrified, leaps backwards and breaks his leg. In addition, the pellet hits him in the stomach, causing his stomach to bleed internally. Evaluate the accuracy of each of the four statements A, B, C, and D individually, as they apply to the facts in the above scenario. Statement A: Martin is liable for a s.20 offence by transmitting HIV to Claire Statement B: Wayne is not liable for an assault as he did not touch Martin. Statement C: Claire is liable for s.20 for inflicting the internal bleeding Statement D: Claire is not liable for GBH for Martin’s broken leg as she didn’t cause it directly.
  5. 5. Martin sleeps with Claire but doesn’t tell her he has HIV, as he hasn’t been officially diagnosed. Claire’s brother, Wayne, later finds out from a friend that Martin is HIV positive, and is furious. He sends Martin over fifty text messages threatening to harm him and let him ‘bleed to death’. Martin does not know who is sending the messages, but is now too terrified to leave his house. Meanwhile, Claire has been diagnosed with HIV and wants revenge. She takes her airgun to Martin’s house and fires it through the letter box. Martin, terrified, leaps backwards and breaks his leg. In addition, the pellet hits him in the stomach, causing his stomach to bleed internally. Model Response: Evaluate the accuracy of each of the four statements A, B, C, and D individually, as they apply to the facts in the above scenario. Statement A: Martin is liable for a s.20 offence by transmitting HIV to Claire
  6. 6. Self-Assessment How did you do? Statement B: Wayne is not liable for an assault as he did not touch Martin. Statement C: Claire is liable for s.20 for inflicting the internal bleeding Statement D: Claire is not liable for GBH for Martin’s broken leg as she didn’t cause it directly. • Establish that to be liable for an assault Wayne needs to cause Martin to apprehend imminent personal violence. • To be liable for s20 wounding, Claire must cause a break in all layers of the skin. As the bleeding is internal, this would not be enough • To be liable for GBH< Claire needs to at the least inflict serious harm and intend some harm to the viticm. • The threat to ‘make him bleed’ would clearly be sufficient for unlawful violence. • In the alternative, she may be liable for inflicting serious harm by firing the gun which caused the internal bleeding. • By firing the gun, she causes Martin’s apprehension of imminent harm, causing him to jump backwards resulting in the harm. • As Martin only has to apprehend the violence, the text messages would be sufficient. • Internal bleeding is clearly sufficient for serious harm, which is necessary under s.20 • Claire does not need to directly apply the force as long as she causes the force to be applied, as she has here. • Martin’s reaction and his lack of knowledge as to who they are from makes the attack seem imminent. • Claire clearly intended at least some harm by firing the air gun and so has the mens rea. • By firing through the letterbox, she is at least reckless as to some harm which is sufficient for s.20 • Conclude that the statement is false as Wayne’s actions have resulted in the harm to Martin. • Conclude that the statement is true, as she has both the mens rea and actus reus necessary for s.20 • Conclude that the statement is true.
  7. 7. Applying your learning… Let’s practice what you preach! Remember… You will have three and must answer one of them. They are worth 50 and should be logical, detailed and well applied... In fifty minutes You should refer to at least eight well explained cases and will need to know your definitions to help. You should deal with each defendant separately (subheadings can be useful) You need to remember: O C D In structuring your answer. Sinita and Mina share a flat. One night Sinita finds Mina kissing Sinita’s boyfriend, Alberto. She picks up a glass of water, raises it in the air and shouts at Mina, “You hussy, I’ll kill you!” She tries to throw the water at Mina but the glass slips from her hand and strikes Mina in the face cutting her forehead. Alberto is so angry that he pushes Sinita and she falls backwards over a stool onto the floor and is knocked unconscious for a few seconds. When Sinita recovers consciousness she is still dizzy and stumbles towards Mina knocking her onto the floor. Mina suffers a fractured arm. Later that evening, when Sinita is sleeping, Mina gets a pair of scissors and cuts off Sinita’s ponytail in an act of revenge. Discuss the potential criminal liability of Sinita, Alberto and Mina for the above incidents. [50]
  8. 8. Sinita and Mina share a flat. One night Sinita finds Mina kissing Sinita’s boyfriend, Alberto. She picks up a glass of water, raises it in the air and shouts at Mina, “You hussy, I’ll kill you!” She tries to throw the water at Mina but the glass slips from her hand and strikes Mina in the face cutting her forehead. Alberto is so angry that he pushes Sinita and she falls backwards over a stool onto the floor and is knocked unconscious for a few seconds. When Sinita recovers consciousness she is still dizzy and stumbles towards Mina knocking her onto the floor. Mina suffers a fractured arm. Later that evening, when Sinita is sleeping, Mina gets a pair of scissors and cuts off Sinita’s ponytail in an act of revenge. Discuss the potential criminal liability of Sinita, Alberto and Mina for the above incidents. [50] Stage One: highlight and annotate the problem, identifying relevant cases, statutes and definitions.
  9. 9. Sinita and Mina share a flat. One night Sinita finds Mina kissing Sinita’s boyfriend, Alberto. She picks up a glass of water, raises it in the air and shouts at Mina, “You hussy, I’ll kill you!” She tries to throw the water at Mina but the glass slips from her hand and strikes Mina in the face cutting her forehead. Alberto is so angry that he pushes Sinita and she falls backwards over a stool onto the floor and is knocked unconscious for a few seconds. When Sinita recovers consciousness she is still dizzy and stumbles towards Mina knocking her onto the floor. Mina suffers a fractured arm. Later that evening, when Sinita is sleeping, Mina gets a pair of scissors and cuts off Sinita’s ponytail in an act of revenge. Discuss the potential criminal liability of Sinita, Alberto and Mina for the above incidents. [50] Stage Two: Start planning your answer by noting down the OCD issues for each defendant. Sinita Mina: Alberto:
  10. 10. Stage Three: Plan and write the essay! Introduction: This should identify the issues that the problem has raised and what you are going to talk about... Main: This considers the issues as they apply to each character. You must ensure that you are clearly explaining each element (definitions and origins... Including the facts of any relevant case) and then applying these to the situation to come to a conclusion. Remember: even the obvious must be stated! The examiner cannot mark what you do not write down! “Sinita may be liable for inflicting a wound under s.20 OAPA 1861 for the cut to Mina’s head. This is because the courts have clearly defined a wound as a cut in all layers of the skin, which seems to be the case here. This definition was confirmed by the courts in the case of Eisenhower, who shot V in the eye with a pellet. The court held that although it caused the blood vessels in his eye to burst, it was not a wound as it had not broken the skin.” Conclusion: Overall, what do you think the court is likely to find them liable for and why? Hint: with non-fatal offence questions, focus on the harm as the starting point!
  11. 11. The final style of question: Question B Applied Problems 25 AO1; 20 AO2; 5 AO3 You are going to mark this real answer from June 2012. Can you work out the key skills necessary for success and accurately mark the problem?
  12. 12. So, what should your problem question look like? Stage One: what key information or issues are you going to expect to see in response to this question? Stage Two: read the essay and annotate it. This means commenting on what the strengths of the essay are, or pointing out things that they should have considered or thought about. Stage Three: Now, look back through the essay and highlight the cases. You can only credit these if they are used properly: any which are just dropped in cannot receive full credit.
  13. 13. Stage Four: Finally, look at the mark grid below and decide which box describes what you have read for each assessment objective.
  14. 14. Feedback from the examiner… What can you learn?
  15. 15. How are your essays going? Student tasks:  Read through the comments on your essay and the feedback.  Ask any questions  Complete the general feedback sheet at the front of your folder, and include reference to the DRAG test as well.  Complete the detailed feedback sheet and attach it to your essay.

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