Q9 essay

Question 1

principles

Answer 1

retrospective liability
maximum certainty
correspndence rule
fair labelling

Question 2

retrospective liability

Answer 2

1.when a law passes applies to some time in the past
2.it could change so could be lawful at time of commitment but then change to unlawful at some point in future

Question 3

case for retrospective liability

Answer 3

RvR
remove exemption of marital rape at time was committed wouldn’t be liable but now is.This would be seen as justified as was so offensive to the common sense of morality

Question 4

maximum certainty

Answer 4

law needs to be as precise and clear as possible
people understand what the law is which enables them to modify their behaviour to ensure it complies making society safer

Question 5

example of maximum certainty

Answer 5

s.20 gbh but extends to psychiatric harm

Question 6

how to improve maximum certainty

Answer 6

modernisation
codification
proposals to improve made by law commission

Question 7

correspondence rule

Answer 7

actus Reus and men’s rea should be of the same level

Question 8

importance of correspondence rule

Answer 8

if offence is constructive liability(correspondence doesnt apply) defendant liable for harm they may not have foreseen and this means they lack fault so it is unjust

Question 9

example of correspondence rule

Answer 9

s18 GBH
actus Reus-d must have caused really serious harm
men’s rea-must intend really serious harm

Question 10

fair labelling

Answer 10

name of offence ought to accurately describe the offence. Sentence should align with the label

Question 11

importance of fair labelling

Answer 11

defendant unfairly stigmatised with a label that is more serious than it is
undermines faith in justice as makes system unduly lenient