law exam

Question 1

what are the aims of sentencing

Answer 1

punishment, deterrence (individual and general), rehabilitation, protection of society, and reparation.

Question 2

what are aggravating factors

Answer 2

circumstances that make a crime more serious or severe. e.g premeditation, the use of violence, the presence of a weapon, or the impact of the crime on the victim or community.

Question 3

what are mitigating factors

Answer 3

circumstances that may lessen the severity of a crime or the culpability of the offender, e.g the offender’s lack of prior criminal record, their age, mental health issues, or evidence of remorse.

Question 4

what are key features of custodial sentences

Answer 4

must be ‘so serious’ to be justified (CJA 2003); sentencing council sets guidelines on appropriate lengths. those 21 and above are sentenced to custody and prison, while those aged 21 and below are sent to detention at a young offenders institute; Sentences can be immediate for life (e.g., murder) or for a set period of months/years (e.g., 6 months for an assault) or can be suspended.

Question 5

what are options of community orders

Answer 5

must be ‘serious enough to be justified’ (CJA 2003); offender may also be required to pay a fine (up to £5k in mags) going towards govt or compensation; offender may be given an absolute or conditional discharge, meaning as long as they don’t reoffend within that time, there’s no further punishment.

Question 6

what is the brinks mat trial associated with

Answer 6

nobbling

Question 7

What case is associated with the concept of Contempt of Court

Answer 7

r v frail

Question 8

Which case is related to the concept of Jury Equity

Answer 8

r v owen

Question 9

What is the purpose of the Jury Central Summoning bureau

Answer 9

to summon potential jurors to jury service

Question 10

What are the qualifications to be eligible for jury service in the UK

Answer 10

Must be 18-75 years old, registered to vote, residing near the court, and have been living in the UK for at least 5 years since the age of 13.

Question 11

What are some reasons for disqualification from jury service

Answer 11

having certain criminal convictions, being a member of the armed forces, or having a lack of understanding of English.

Question 12

what are some advantages of juries

Answer 12

secrecy, public confidence, diversity

Question 13

what are some disadvantages of juries

Answer 13

lack of understanding, bias/media influence, cost

Question 14

what is the role of jury in a trial

Answer 14

jury listens to the evidence and decides the facts of the case.

Question 15

what is the importance of jury deliberations

Answer 15

confidential and secret, allowing the jurors to discuss the case freely.

Question 16

how is verdict decided

Answer 16

unanimously or by a majority decision of the jury.

Question 17

what happens if jury cannot reach a verdict

Answer 17

considered a hung jury, and the case will be retried with a different jury.

Question 18

What are the potential consequences of discussing jury room details outside of court

Answer 18

discussing jury room details outside of court can lead to punishment under the Contempt of Court Act 1981.

Question 19

what is the factual test for causation

Answer 19

but for test

Question 20

what is the legal test for causation

Answer 20

significant contribution test

Question 21

What is the concept of ‘operating and substantial cause’ in causation

Answer 21

‘Operating and substantial cause’ refers to the cause that has the most significant impact in bringing about the result.

Question 22

What is Novus Actus Interveniens in causation

Answer 22

Novus Actus Interveniens refers to a new intervening act that breaks the chain of causation.

Question 23

What is the Thin Skull rule in causation

Answer 23

The Thin Skull rule states that the defendant must take their victim as they find them, including any pre-existing vulnerabilities.

Question 24

Can a failure to act be considered a cause in causation

Answer 24

Yes, a failure to act can be considered a cause in causation.

Question 25

Are there any exceptions to causation created by judges

Answer 25

Yes, judges have created exceptions to causation based on contractual duty, statutory duty, duty because of a relationship, duty taken voluntarily, and duty through one’s official position.

Question 26

• What does the Contemporaneity rule (Coincidence) require for a crime to occur?

Answer 26

The Contemporaneity rule requires the actus reus (AR) and mens rea (MR) to coincide.

Question 27

• How does the law adapt to secure convictions, especially in specific circumstances?

Answer 27

The law takes a flexible approach to the general rule to secure convictions by adapting to specific circumstances

Question 28

• Provide an example of a continuing act in the context of some crimes.

Answer 28

Fagan’s case is an example, where he parked on a policeman’s foot and refused to move, illustrating a continuing act.

Question 29

What concept does the Thabo Meli case illustrate regarding crimes?

Answer 29

Thabo Meli demonstrates the concept of crimes occurring through a series of linked transactions.

Question 30

• Explain the principle of Transferred Malice using an example.

Answer 30

Transferred Malice, as in Latimer, allows a person to be guilty if the AR is committed with the MR aimed at someone other than the victim.

Question 31

• What is the primary characteristic of Strict Liability offenses?

Answer 31

Strict Liability offenses only require the actus reus (AR) for an individual to be held liable

Question 32

• Give examples of public situation crimes that often involve Strict liability

Answer 32

Motoring offenses and health violations are common examples of public situation crimes that fall under strict liability.

Question 33

• In which case did an exception to typical strict liability cases occur?

Answer 33

An exception occurred in Gammon v AG Hong Kong, deviating from the typical strict liability scenario.

Question 34

• What legal principle does Sweet v Parsley establish regarding unclear strict liability crimes?

Answer 34

Sweet v Parsley establishes the legal principle that if it’s unclear whether a crime is strict liability, then it will not be.

Question 35

• What are the advantages of Strict Liability offenses in terms of legal proceedings?

Answer 35

: Strict Liability offenses are advantageous as they are quick to prove and often don’t require extensive court involvement.

Question 36

• How does Strict Liability promote high standards, as seen in Callow v Tillstone?

Answer 36

Strict Liability, as seen in Callow v Tillstone, promotes high standards by eliminating excuses for non-compliance.

Question 37

• Provide an example illustrating unfairness in the context of Strict Liability (Harrow v Shah).

Answer 37

Harrow v Shah highlights unfairness when trained staff act opposite to instructions, selling a lottery ticket to an underage person

Question 38

• Are Strict Liability crimes ever considered real/moral crimes, and how are they created?

Answer 38

: Strict Liability crimes are never considered real/moral crimes and are always created by parliament, not judges.

Question 39

• Who is responsible for creating Strict Liability crimes – judges or parliament?

Answer 39

: Strict Liability crimes are always created by parliament, not judges.

Question 40

• What alternative methods are suggested to ensure compliance besides Strict Liability?

Answer 40

Alternatives like education are suggested as better ways to ensure compliance rather than relying solely on Strict Liability.

Question 41

What is the actus reus for the offense of assault?

Answer 41

To cause the victim to fear imminent, unlawful harm.

Question 42

Which source defines the offense of battery?

Answer 42

: The Criminal Justice Act 1988

Question 43

What is the mens rea for the offense of ABH (Actual Bodily Harm)?

Answer 43

Intention or recklessness.

Question 44

Which act defines the offense of reckless GBH/wounding?

Answer 44

: The Offences Against the Person Act 1861.

Question 45

What is the actus reus for the offense of intentional GBH/wounding?
.

Answer 45

: To wound or inflict GBH (grievous bodily harm).