paper 1 B tests

Question 1

Murder 3

Answer 1

1) Actus Reus
Unlawful killing: Re A
Human Being: Attorney Gen Ref/ Malcherek v Steele
Under the queen’s peace
- Withing any country of the realm
2) Causation
CIF: White
CIL: Pagett
NAI
3) Mens Rea
Direct Intent: Mohan
- Oblique Intent: Woollin

Question 2

Diminished Responsibility (internal) 4

Answer 2

1) Abnormality of Mental Functioning s.52(1)- Byrne

2) Arises from a recognised medical condition s.52(1)(a)
Adjustment disorder - Dietschmann
Alcohol dependency syndrome - Tandy
Battered spouse syndrome - Hobson
Depression - Seers

3) Substantial Impairment of ability s.52(1)(b)
Understand their conduct
Form a rational judgment
Ability to exercise self control

4) Provides an explanation of the D’s conduct s.52(1)(c)
Diminished Responsibility and Intoxication
Intoxication cannot support DR alone - Di Duca
AMF + Intoxication - Dietschmann
Alcohol dependency syndrome is basis for DR - Wood

Question 3

Loss of Control (external) 3

Answer 3

1) Loss of control
S.54(1)(a) - Loss of self-control s.54(2) Cooling off period
5.54(4) No revenge
Really lost control: Jewell

2) Qualifying Triggers
Trigger 1 - Fear of serious violence - s.55(3). - Lodge
Trigger 2 - Things said or done of extreme graveness and gave D a justifiable sense of being seriously wronged. -Zebedee
Both triggers together - s.55(5)
Sexual infidelity not a trigger - Clinton

3) Normal Person Test
Would a person of D’s age and sex, with a normal degree of tolerance and self-restraint, and in the circumstances of D, react in the same or a similar way?
History of sexual abuse considered - Hill
Intoxication not taken into account - Asmelash

Question 4

Gross Negligence Manslaughter 5

Answer 4

1) DOC
- Contract of employment: Pitwood
- public office: Dytham
- voluntary : Stone and Dobinson
- Duty arising from a relationship: Gibbins v Proctor
- Creation of danger: Miller
- Termination of dut: Bland

2) BOD - There must be a breach of duty according to the standards of the ordinary reasonable man with the same level of skill and expertise.

3) Causation
CIF: White
CIL: Pagett
NAI

4) Gross Negligence - D must have done something ‘so bad that it amounted to a criminal offence’ : Adomako

5) Risk of Death: Misra

Question 5

unlawful act manslaughter 4

Answer 5

1) Unlawful Act - Lamb

2) Dangerous Unlawful Act -
- Objective Test - The criminal act must be one that a sober and reasonable man would regard as being dangerous and carries a risk of some harm occurring.: Church.
- Can be aimed at someone else - Mitchell

3) Causation
CIF: White
CIL: Pagett
NAI

Drugs: Kennedy
If D supplies and D injects, D liable.
If D supplies and V injects, D not liable.
Young or misinformed, D liable

4) MR for UAM : Newbury v Jones

Question 6

Common Assault 2/2

Answer 6

Assault
AR = Causing the V to apprehend immediate and unlawful force : Lamb
Words can negate an assault: Tubverville v Savage
The assault can be committed in words or writing: Constanza
It will be irrelevant that the V was not actually in danger as long as the fear was real
Silence is an assault: Ireland

MR = Intention or reckless as to the assault

Battery
AR = Application of unlawful force to another person: Collins v Wilcock
Touching clothing is a battery: Thomas
Battery can be indirect: DPP V K
There can be a battery without an assault

MR = Intention or reckless as to the battery

Question 7

s.47 ABH 2

Answer 7

AR = Assault / battery occasioning Actual Bodily Harm
ABH definition ‘any hurt or injury which interferes with the health or comfort of V’: Miller
Short loss of consciousness: Tv DPP
Cutting substantial hair: DPP v Smith
Psychiatric Harm: Chan Fook

MR = Intention or Reckless as to the assault / battery
Does not need to foresee ultimate injury: Roberts

Question 8

s.20 GBH 2

Answer 8

AR = To inflict GBH
GBH is ‘really serious harm’ : DPP v Smith
Psychiatric injury: R v Burstow
STD’s are covered by GBH: Dica

MR = Intention or recklessness as to some harm.
Onlv need to foresee some harm: Parmenter

Question 9

s.20 Wounding 2

Answer 9

AR = To Wound
-Both layers of skin must be broken : Eisenhower

MR = Intention or recklessness as to some harm.
- Only need to foresee some harm: Parmenter

Question 10

s.18 2/2

Answer 10

s.18 GBH
AR = To cause GBH
GBH is ‘reallv serious harm’ : DPP v Smith
MR = Intention to cause GBH.
- Intention to wound not sufficient: Taylor
- D must intend to resist or prevent arrest and only be reckless as to whether his actions would cause a wound or injury: Morrison

s.18 Wounding
AR = To Wound
Both lavers of skin must be broken : Eisenhower
MR = Intention to cause GBH.

Question 11

Consent 4

Answer 11

1) Valid: Burrell v Harmer

2) True
Identity of D: Richardson
Nature and Quality of the act: Dica

3) Exceptions: Brown
Organised contact sports : Billinghurst/Barnes
Boxing -Attorney General Reference
Tattooing and Branding: Wilson
Sexual Activity: Brown/Lock
Horseplay : Jones

4) Not an Exception - Euthanasia : Pretty

Question 12

Self-defence 2

Answer 12

1. Was the force necessary? - Subjective Test
   Mistake and self-defence: Williams and Gladstone
   Intoxication and self-defence: ‘Grady
   D’s characteristics: Martin
2. Was the force reasonable? - Objective Test
   Excessive force will fail: Clegg
   Obiective but in the circumstances D believed them to be: Owino
   Pre-emptive strikes: Deane
   Possibility to retreat: Bird
   Protecting property ( Excessive and Disproportionate but not Grossly disproportionate): s.43 of the Crime and Courts Act 2013

Question 13

Intoxication 2 (vol + invol)

Answer 13

Voluntary
Basic intent crimes = no defence: DPP v Majewski
Specific defence crimes = F.B.P (fall back principle) : Sheehan v Moore
Dutch Courage: AG v Gallagher

Involuntary
• No MR to commit crime = full acquittal
Prescribed Drugs: Bailey
Soporific Drugs: Hardie
Laced Drinks: Kingston
Intoxication and other defences
Mistake: Fotheringham
Self-Defence: ‘Grady

Question 14

Insanity 3

Answer 14

The McNaghten Rules 1843– Definition

1) Disease of the mind which causes a;
Kemp: A disease of the mind is “any illness which affects memory, reasoning or understanding caused by an internal source”
Internal causes:
Epilepsy: Sullivan
Sleepwalking: Burgess
Diabetes: Hennesy/Quick
Dissociation: R V T

Voluntary Intoxication: D cannot use insanity: Coley

2) Defect of reason, which means either;
-D did not understand the nature and quality of his act: Oye or
- If he did, he did not know what he was doing was wrong: Windle

3) Special verdict : Not guilty by reason of insanity

Question 15

Automatism 2

Answer 15

Automatism
Lord Denning in Bratty V AG (1963): “An act which is done by the muscles without any control by the mind such as spasm, a reflex action or a convulsion…

1) Completely Involuntary: T
Complete loss of control: Watmore v Jenkins
Diabetes: Quick

2) External Factor: Falconer
Ordinary stresses of life not external factor: Burgess
Self Induced Automatism
Basic Intent: No defence: Bailey
Specific Intent: Successful as D is prevented from forming MR

Question 16

Duress 5

Answer 16

1) Threat of death or serious injury against the defendant or immediate family - Subjective Test :
Valderrama- Vega

2) D must have acted as the sober man of reasonable firmness having some of the defendant’s characteristics. - Objective Test : Bowen

3) Causal Nexus : Cole

4) Timing of the threat : Hudson and Taylor

5) Voluntary association with violence ( self-induced duress) : Hasan

Question 17

Theft 5

Answer 17

S.1 Theft Act 1968 “ Dishonest appropriation of property belonging to another with the intention to permanently deprive

1) Appropriation (S.3): Morris
- Can occur with V’s consent: Lawrence

2) Property (S.4)
Wild plants, fruit and mushrooms - Exception: Unless used for sale Wild animals - Exception: Unless they are in captivity e.g. a Zoo Information: Oxford v Moss - Exception: Unless personal information

3) Belonging to another (S.5) - “property shall be regarded as belonging to any person as having possession or control of it, or having in it any propriety right or interest”
Possession or control: Turner
Legal obligation to deal with money in a specific way: Davidge v Bunnett
- Mistake: 1) Extra Change: Gilks 2) Extra Wages: Attorney Gen Ref
- Ownerless Property cannot be stolen : R v Basildon Magistrates Court

4) Dishonesty (5.2)
S.2 Exceptions
a) Legal Right: Holden
b) Owner would have allowed him : Kwikfit
c) True owner cannot be found by taking reasonable steps: Small
- Ivey and Genting Casino: Objective Test= Would the sober and reasonable man regard D’s actions as dishonest

5) ITPD (S.6) = The intention to permanently deprive must exist at the time of appropriation
- Does not matter if property is given back, still ITPD
Unauthorised borrowing not ITPD
Money - Owner is deprived of exact notes and coins: Velumyl
Borrowed Property: If Wholly diminished in value then ITPD: Lloyd
- Conditional Intent: Not theft

Question 18

Robbery 7

Answer 18

Robbery
s. 8 Theft Act: ‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force.’
1) Steals
- D does not need to get away with property: Corcoran v Anderton

2) Force or Threat of force
Small force enough: Dawson v James
Do not need to touch V, can use force on their property: Pv DPP
Threat of force
V does not need to be aware of the threat
V does not need to be scared
Threat does not need to be real: Bentham

3) Immediately before or at the time
-Continuing act theory: Hale

4) In order to steal

5) On any person

6) MR of Theft: Robinson

7) Intention to use force

Question 19

Burglary 5

Answer 19

S.9 (1) Theft Act 1968: A person will liable for burglary where:

a) D enters any building or part of a building as a tresposser with the intent to commit theft, GBH Or unlawful damage; (S.9.1.a) OR
b) Having entered any building or part of a building as a trespasser, D steals or attempts to steal, or inflicts GBH or attempts to inflict GBH. (S.9.1.b)

1) Entry
- Does not need to be effective or substantial: Ryan

2) Building or Part of a building
Building = 1) Inhabited vehicles and vessels e.g. caravan 2) Uninhabited buildings e.g garages
3) Permanent structure: B&S Leathley 4) Not temporary: Seekings & Gould
Part of a building: Walkington

3) Trespasser
Enters without permission
Having permission ventures into a prohibited area
Exceeds his permission to be in the building and uses it for another purpose
Going beyond permission: Smith & Jones

4) Intention to trespass

5) Intention for the final offence - s.9(1)(a) or s.9(1)(b)
Conditional Intent is Burglary: Attorney Gen Ref