Synoptic cases 2010 11
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This document outlines several precedents related to manslaughter cases in UK law. It discusses precedents establishing: 1) Constructive manslaughter requires an unlawful act that a reasonable person would recognize poses a risk of harm. 2) Gross negligence manslaughter is based on ordinary negligence rules, and it is for the jury to decide if the defendant's actions amounted to gross negligence worthy of criminal punishment. 3) Manslaughter is difficult to define, but recklessness can be used to instruct juries, and there is a difference between unlawful and lawful but careless acts. 4) Juries can be instructed on recklessness and subjective recklessness may be enough for manslaughter. Vague definitions are needed for juries in
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![Following Precedent:R v Dawson 1985 R v Watson 1989R v Carey 2006Prior Precedent:R v Franklin 1883 R v Larkin 1943R v Thabo-Meli 1954 Ratio:Constructive act manslaughter will require an unlawful actThe act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm therefrom.R v Church 1966<br />Following Precedent:R v Evans (Gemma) 2009R v Khan & Khan 1998R v Misra 2004Prior Precedent:Andrews v DPP 1937R v Bateman 1925 R v Seymour 1983Ratio:Liability is based on the ordinary rules of negligenceEstablishes the test for gross negligence manslaughterThe jury’s role to decide whether D’s actions amounting to gross negligence, which is deserving of criminal punishment. R v Adomako<br />,[object Object],Following Precedent:Attorney-General’s Reference No2 of 1999 (2000)R v Misra 2004<br />Prior Precedent:R v Adomako 1994 R v Seymour 1983Law Commission 1994Ratio:Allows the jury to be instructed on recklessness.Confirms that subjective recklessness may be enough for manslaughterA vague definition for the jury is necessary in manslaughter.R v Lidar 2000<br />Following Precedent:Andrews v DPP 1937R v Adomako 1994R v Misra 2004Prior Precedent:Cashill v. Wright 1856Ratio:Did D go beyond a mere matter of compensation between subjects and show such a disregard for life and safety of others as amounts to a crime deserving of punishment.Establishes the difference between the civil and criminal standards of negligenceJury determines negligence, and the judge may use eords such as recklessness in ‘its ordinary connotation’ to instruct themR v Bateman 1925<br />,[object Object]](https://image.slidesharecdn.com/synopticcases2010-11-110525044311-phpapp01/85/Synoptic-cases-2010-11-1-320.jpg)
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The document provides a series of quiz questions testing iGCSE exam skills. The questions cover choosing the right words from passages, making reasonable inferences from pictures, defining vocabulary words, identifying facts about freediving, and matching conventions to genres. The quiz aims to prepare students for the range of question types they may encounter on iGCSE exams.
iGCSE Jan Mock Prep Lesson [Question 2 Extended]
The document provides guidance to students on analyzing the effects that word choices create in a paragraph. It instructs students to:
1) Identify 4 powerful words or phrases from a sample paragraph
2) Note what each word or phrase makes them think of to understand the connotations
3) Explain the effect that each word or phrase creates by discussing its connotations and associations
4) Conclude with a statement about the overall effect of the paragraph based on the language choices
The document uses examples and prompts students to practice this analysis to demonstrate understanding of how an author's word choices can create different effects.
iGCSE Extended "Create your own Paper"
This document provides guidance and examples for students creating their own exam questions and mark schemes based on a provided text extract. It includes:
- Instructions for students to create their own questions 1 and 2 using their understanding of the text.
- An example of question 1 on empathetic writing, including guidance to produce a mark scheme with expected content.
- An analysis of language from the provided text extract as an example for answering question 2.
- Further instructions and examples for completing the exam paper creation task, including finding a linked external text for question 3.
Loss Of Control Intro Lesson
The document provides guidance and feedback on student evaluations. It discusses looking at comments on essays to see what students have done well and could improve. Students must pick one thing to improve for their next essay. If they receive a P grade on an essay or test, they will have to rewrite it. Their progress relates to their ALPS score, which can be green (above), amber (on target), or red (below). The document directs students to complete certain sections and ask questions if unsure.
Attempts
This document discusses criminal attempts and the law around liability for attempts. It addresses the key issues and debates around the current test for what constitutes an attempt under the Criminal Attempts Act 1981. Specifically, it examines the "more than merely preparatory" phrase and how courts have interpreted it inconsistently in different cases, leading to uncertainty. It also compares the old common law tests for an attempt that existed prior to the Act and discusses whether they were any clearer or more appropriate than the current statutory test. The document aims to analyze the problems and limitations with the current approach to criminal attempts in order to fully understand this area of law.
Mens Rea
The document discusses the legal concept of mens rea, or guilty mind, which is required for criminal liability. It covers several key aspects of mens rea, including:
- Intention, which can be direct (foreseeing and intending the consequences) or oblique (intending one consequence but foreseeing and being liable for another).
- The development of the test for determining oblique intent and liability for unintended consequences over several cases, culminating in the "virtual certainty" test in R v Woollin.
- Types of mens rea like intention and how scenarios can illustrate direct versus oblique intent.
Causation
Damian pulled a knife on Juan during an argument. Juan ran into the road in fear and knocked over Brenda on a bike, causing minor injuries to Juan and ultimately leading to Brenda's death after being hit by a car due to a thin skull. Juan refused medical treatment for his cut which became infected with gangrene. A doctor's error during an amputation to treat the infection caused Juan's death.
The statements evaluate Damian's liability for the harms to Juan and Brenda at different points in the causal chain. Statement A argues Damian is not liable for Juan's bruising, while Statement B argues he is not liable for Brenda's death due to her thin skull. Statement C argues the
Actus Reus
The document provides an overview of key concepts in the criminal law topic of actus reus and omissions. It discusses the general rules for establishing criminal liability, which require both an actus reus (guilty act) and mens rea (guilty mind). It examines different types of acts that can satisfy the actus reus requirement, such as acts, omissions, consequences or results. It also explores the concept of omissions in criminal liability and how liability can arise from a failure to act in certain situations where there is a duty of care. The document uses cases like Donoghue v Stevenson and Airedale NHS Trust v Bland to illustrate these legal principles and provides examples, questions, and tasks
Causation End of Unit Assessment
This document provides instructions for students to complete an assignment on the law of causation in tort law. It begins by asking students to plan their response to the question "The approach of the courts to the issues of causation is unfair to the defendant" and whether this is a correct statement of the law. Students are given two hours the following day to complete a 50-mark essay responding to this question. They are instructed to use case examples and details from their notes and planning sheet to support their answer. Feedback is also provided on previous student responses, highlighting areas of strong performance and areas for improvement in demonstrating knowledge of cases, identifying issues, and critically discussing the case law. Students are asked to identify a target for improvement in their
Mechanics of Precedent EoU 2014
Here are potential links between the pictures and the topic of precedent in law:
Picture 1 (scales of justice): The scales of justice represent fairness and balance, which is what courts aim for when applying and following precedent - treating similar cases similarly. Precedent aims to promote consistency and predictability in the law.
Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
Duress & Necessity
Duress can be a defense to most crimes, but not murder or attempted murder. There are three tests for duress: 1) D reasonably feared death or serious injury from a threat; 2) A sober, reasonable person would have acted the same way; 3) The threat was imminent. The threat must be against D or someone they are responsible for, like family. Self-induced duress is not a defense if D knew they could be threatened. Duress of circumstances also considers if D had no reasonable choice due to external factors beyond their control.
Involuntary Manslaughter
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
Loss of Control
The document provides an overview of the law on loss of control as a partial defence to murder. It discusses the issues with the old law on provocation and how the Coroners and Justice Act 2009 aimed to address these. It examines the elements of the new defence, including the requirement for a loss of self-control, and the two qualifying triggers of fear of serious violence or circumstances of an extremely grave character that caused a justifiable sense of being seriously wronged. The document applies these legal principles through examples and evaluates whether the new law has adequately reformed the issues with the previous defence of provocation.
Diminished Responsibility
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
More from Miss Hart (20)
Synoptic cases 2010 11
- 2. Following Precedent:R v Kennedy No 2 2007R v Dias 2001Following Precedent:Evans (Gemma)Prior Precedent:R v Cunningham 1957Prior Precedent:R v Dalby 1999R v Dias 2001R v Rogers 2003Ratio:V’s consent is not ordinarily a defence to manslaughterD’s actions must be more than de minimus. Simply being one cause is not enough, although it can accelerate deathAdministration of drug under s.23 of the OAPA is enough for an unlawful act.Supply of heroin is not an unlawful act.Ratio:Supply of drugs is an unlawful act, but not a dangerous one.The volitional act of V will ordinarily break the chain of causation.Administer is to be interpreted narrowly, and does not include preparationR v Cato 1976R v Kennedy (No2) 2007