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Criminal Law

Criminal Law. Large Group 15 Consolidation. Outcomes. Describe the topics and key authorities covered on the Criminal Law Module Describe the assessment format Identify the different types of assessment question and their sub-categories Answer different styles of MCQs

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Criminal Law

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  1. Criminal Law Large Group 15 Consolidation

  2. Outcomes • Describe the topics and key authorities covered on the Criminal Law Module • Describe the assessment format • Identify the different types of assessment question and their sub-categories • Answer different styles of MCQs • Identify useful techniques when answering CEQs and SAQs

  3. Topics covered: • Actus reus • Mens rea • Assaults • Criminal damage • Sexual offences • Homicide • Theft and Robbery • Drug offences • Intoxication and Defences • Inchoate offences and Secondary Participation

  4. AR and MR of Theft Dishonestly Appropriates Property Belonging to another Intention of permanently depriving s.2 s.3 s.4 s.5 s.6

  5. Key Points for Robbery • D committed theft (AR & MR of theft) and • Either the D • Used force on any personDawson/Cloudenor • Put or sought to put any person in fear of being then and there (immediately) subjected to force • That the force or threat of force was immediately before or at the time of the theft and • That the force or threat of force was used in order to steal

  6. Voluntary Intoxication by Alcohol/Dangerous Drugs

  7. Involuntary Intoxication

  8. Combined Effect of Majewski & Heard

  9. SUMMARY s.1(1) Criminal Attempts Act • Doing an act which is more than merely preparatory • With intent to commit an offence Preparation phase Commission phase

  10. s.8 Accessories & Abettors Act 1861 Actus Reus Aid Abet Counsel Procure give assistance give encouragement at time give encouragement earlier bring about the offence earlier

  11. Activity 1 Vote: Which ONE of the following statements is CORRECT? A failure to act: A.will never be sufficient ... for an offence of basic intent. B.may be sufficient …. for an offence where the accused has created a dangerous situation. C.will always be sufficient to establish the actus reus for an offence. D.may be sufficient to establish the mens rea for an offence where the victim was under a duty to act.

  12. Activity 1 (cont.) Vote: In relation to the test for recklessness for an offence of simple criminal damage which ONE of the following statements is NOT correct? A.Hoping not to damage the property but assessing the chances of doing so as highly likely. B.Assessing the chances of damaging the property as more probable than not. C.Assessing the probability of damaging the property as unlikely. D.Believing there is no risk of damaging the property.

  13. Activity 1 (cont.) Vote: Which ONE of the following statements BEST DESCRIBES the test for indirect intent set out in R v Woollin? A.The accused will intend a result if it was virtually certain to occur. B.The accused will intend a result if it is very likely to occur. C.A jury may find intention if the accused foresees the result as a virtual certainty. D.A jury may find intention if the accused foresees the result as very likely.

  14. Activity 1 (cont.) Vote: In which ONE OR MORE of the following circumstances will Jayne be able to rely upon the defence of lawful excuse under s.5 of the Criminal Damage Act 1971? A. (ii), (iii) and (iv) only B. (i), (ii), and (iv) only C. (ii) only D. (ii) and (iv) only

  15. Activity 1 (cont.) Vote: Complete the following sentence. According to s.78(b) of the Sexual Offences Act 2003, touching is sexual if the: A.reasonable person considers that it is because of its nature sexual. B.defendant's purpose in relation to it is sexual. C.reasonable person considers that it may be sexual, and the circumstances/defendant's purpose makes it sexual. D.reasonable person considers that it may be but the defendant did not.

  16. Activity 1 (cont.) Vote: The case of R v O'Grady [1987] QB 995 is an authority for which ONE of the following propositions? A.A mistaken but honest belief in the need to defend oneself will amount to a defence. B.A mistaken belief in the need to defend oneself is no defence if that mistaken belief is induced by voluntary intoxication. C.A mistaken belief in the need to defend oneself is a defence if that mistaken belief is induced by involuntary intoxication. D.A mistaken but honest belief in the need to defend oneself will amount to a defence provided reasonable force was used.

  17. Outcomes • Describe the topics and key authorities covered on the Criminal Law Module • Describe the assessment format • Identify the different types of assessment question and their sub-categories • Answer different styles of MCQs • Identify useful techniques when answering CEQs and SAQs

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