By Tony Storey, Alan Lidbury
This textbook covers the felony legislation choice of the A-level legislation syllabus, and provides an perfect creation for anyone coming to the topic for the 1st time.
Criminal Law covers all A-level syllabuses/specification standards, and is written via the crucial examiner and important assistant examiner in legal legislation for one of many significant exam forums. It comprises large case representation, and quite a number exam similar questions and actions. there's a precise specialise in key abilities, and at the new synoptic evaluate syllabus requirements.
This absolutely up to date 3rd variation builds upon the luck of the 1st variations.
- provides assurance of OCR and AQA specifications
- is recommended via OCR to be used with the felony legislation choice
- includes new OCR synoptic overview resource fabrics (for use in examinations in June 2005) with extra guidance
- discusses new laws and cases including Sexual Offences Act 2003, Andrews, Bollom, G and R, Rowland, Safi and others, Weller, Z.
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Extra info for Criminal Law
2. Suppose Blaue had stabbed V in a remote place and she died before medical assistance could reach her. His liability would certainly be manslaughter (because of the diminished responsibility). So why should he be allowed to escape a manslaughter conviction on the ground that V was stabbed in a built-up area near to a hospital but refused treatment? 16 Actus reus and mens rea Mens rea Mens rea refers to the mental elements of a crime. Mens rea means the mental element, or state of mind, that D must possess at the time of performing whatever conduct requirements are stated in the actus reus.
They began ﬁghting. After a time P separated himself from the group, picked up a large stone and threw it in the direction of the others. The stone missed them and smashed a large window. P was convicted of malicious damage but his conviction was quashed. The jury had found that he intended to throw the stone at the people but did not intend to break the window. The transferred malice principle is expressly preserved in the Government’s draft Offences Against the Person Bill (1998). This draft Bill is considered in more detail in Chapter 9, but for present purposes Clause 17(2) provides that: A person’s intention, or awareness of a risk, that his act will cause a result in relation to a person capable of being the victim of the offence must be treated as an intention or (as the case may be) awareness of a risk that his act will cause that result in relation to any other person affected by his act.
In Blaue (1975), Lawton LJ said: It has long been the policy of the law that those who use violence on other people must take their victim as they ﬁnd them. This in our judgment means the whole man, not just the physical man. It does not lie in the mouth of the assailant to say that [V’s] religious beliefs which inhibited her from accepting certain kinds of treatment were unreas onable. The question for decision is what caused her death. The answer is the stab wound. The fact that [V] refused to stop this end coming about did not break the causal connection between the act and death.