Synoptic Paper 2011Involuntary ManslaughterMiss Hart2010-11
Question OneExaminer’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 AO1R 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
How far it changes the law (with reference to at least one other case). Time:15 minutesSample Question:
Question TwoExaminer’s Tip:Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction34 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 minutesSample Question:
Question ThreeExaminer’s Tip:You should be able to identify at least three points of application plus a case for each high for marks30 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 minutesSample Question:
The synoptic paper aims to bring together your AS and A2 learning. FORDBOP
... And another couple of basic recapsHierarchy of the Criminal CourtsRatio decidendiObiter dictaMaterial 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 sandwichNeigh, neigh, choo, chooWhite 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 recentlyScare me, I’ll drop dead (though I look ok)Go on, shoot me! Revolver? What’s a revolver?Breathe in… breathe not?Knee, infection, deadYou want me to shave? But I’m a girl!You khan have as much as you like. No matter to me if you’re wellWhat a lovely ship, shame about the fuelTo breathe or not to breathe, that is the wacky questionBullied 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 dutiesRunning away can be deadlyThose 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... legallyFireworks and fire officers are surprisingly deadly (even if warned).Dominoes in the post office
DefinitionsGross NegligenceConstructive ActReckless Act
Starter:Name the case, and match the case with the area!I know how I’ll get a new house… and lose my familyConstructive Act Bump! Any chance I could actually get in the car?How nice am I? Have a lovely syringeSecond time luckyGross NegligenceLovely belt… tighter… tighter…How do you tell they’re dead again? Splash!Doctors can make some mistakes legally.Reckless ActI can see a vein…Eye’d not idea you were such a failure as a doctorWhite 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 15-17Sources 2, 4 and 5Source 5, lines 34-35Source 6, lines 7-10Source 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 2011Revise 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?wsyinvoluntarymanslaughter
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 QuizWhere 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 manslaughterWhich source talks about the problems of murder, and their impact on manslaughter?Which two sources mention Lidar?Source 5, lines 34-5Sources 5 lines 18-19 & Source 2 lines 15-18Source 1, lines 31-3Source 3Source 4 & 5
Do you know your cases?Match the card... the ratio... and the manslaughter!
Absence Work You are going to mark your own workSamGUIDANCEMaximum 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 conclusionCredit reference to unlawful act manslaughter as well.
Now try the other two...NoraJimRealise 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

Synoptic paper 2011

  • 1.
    Synoptic Paper 2011InvoluntaryManslaughterMiss Hart2010-11
  • 2.
    Question OneExaminer’s Tip:Aimto explain three critical points about the case in question, and relating it to a significant case. 12 marks AO2 + 4 marks AO1R 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)
  • 3.
    How far itconfirms the prior law
  • 4.
    How far itchanges the law (with reference to at least one other case). Time:15 minutesSample Question:
  • 5.
    Question TwoExaminer’s Tip:Focuson balance and reason in your answer, and make sure to identify the point of the question in your introduction34 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 minutesSample Question:
  • 6.
    Question ThreeExaminer’s Tip:Youshould be able to identify at least three points of application plus a case for each high for marks30 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 minutesSample Question:
  • 7.
    The synoptic paperaims to bring together your AS and A2 learning. FORDBOP
  • 8.
    ... And anothercouple of basic recapsHierarchy of the Criminal CourtsRatio decidendiObiter dictaMaterial facts
  • 9.
    How nice amI? 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 sandwichNeigh, neigh, choo, chooWhite 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 recentlyScare me, I’ll drop dead (though I look ok)Go on, shoot me! Revolver? What’s a revolver?Breathe in… breathe not?Knee, infection, deadYou want me to shave? But I’m a girl!You khan have as much as you like. No matter to me if you’re wellWhat a lovely ship, shame about the fuelTo breathe or not to breathe, that is the wacky questionBullied 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 dutiesRunning away can be deadlyThose 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... legallyFireworks and fire officers are surprisingly deadly (even if warned).Dominoes in the post office
  • 10.
  • 11.
    Starter:Name the case,and match the case with the area!I know how I’ll get a new house… and lose my familyConstructive Act Bump! Any chance I could actually get in the car?How nice am I? Have a lovely syringeSecond time luckyGross NegligenceLovely belt… tighter… tighter…How do you tell they’re dead again? Splash!Doctors can make some mistakes legally.Reckless ActI can see a vein…Eye’d not idea you were such a failure as a doctorWhite van driver...
  • 13.
    How quickly canyou 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 15-17Sources 2, 4 and 5Source 5, lines 34-35Source 6, lines 7-10Source 4, lines 4-5
  • 15.
    Starter:How blobby areyou 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!]
  • 16.
    Homework for theweek of 21st March 2011Revise Involuntary Manslaughter for a DRAG test (60 marks)
  • 17.
    Produce an answerto the following question:“Discuss the significance of the case of Adomako to the development of involuntary manslaughter” [16] Deadline:  Thursday 31st March 2011
  • 18.
  • 19.
    What about these?Isa 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)
  • 21.
  • 22.
  • 23.
    Quick QuizWhere willyou 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 manslaughterWhich source talks about the problems of murder, and their impact on manslaughter?Which two sources mention Lidar?Source 5, lines 34-5Sources 5 lines 18-19 & Source 2 lines 15-18Source 1, lines 31-3Source 3Source 4 & 5
  • 24.
    Do you knowyour cases?Match the card... the ratio... and the manslaughter!
  • 25.
    Absence Work Youare going to mark your own workSamGUIDANCEMaximum 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
  • 26.
    Discuss the basisof a duty on the grounds of summoning assistance and mitigating harm Evans(Gemma)
  • 27.
    Discuss the needfor ‘gross negligence’ (Source 2, lines 8-9, Bateman, Adomako)
  • 28.
    Discuss the needto establish a risk of death from D’s actions which is obvious to the reasonable man (Misra, Bateman)
  • 29.
    Discuss the needfor D’s actions or omissions to cause the death of V (Misra)
  • 30.
    Discuss whether V’sactions break the chain of causation
  • 31.
    Credit conclusionCredit referenceto unlawful act manslaughter as well.
  • 32.
    Now try theother two...NoraJimRealise that the liability is most probably for reckless act manslaughter.
  • 33.
    Recognise that thisrequires D to see a risk of serious injury and choose to go ahead anyway [Lidar]
  • 34.
    Recognise thatD must cause the death of V in an unlawful manner