Concept of Liability

This is a full summary of the as law unit two which is a concept of liability. It includes many useful diagrams and states all the necessary cases. It takes a form of notes, I just shortened this unit as much as I could to revise, but still, I am confident to say it contains all the informations required:)

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  • Created on: 04-05-10 16:00
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Concept of liability

Introduction to criminal law






Coincidence of actus reus and mens rea
It must be established.
(Fagan v Metropolitan Police Commissioner)

Strict liability offence
Only actus reus required, no need for mens rea.
(R v Larsonneur, Sweet v Parsley, B v DPP)

Non-fatal offences

Common assault

Section 39…

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Battery

Section 39 of the Criminal Justice Act 1988.
Actus reus: application of unlawful force. (Fagan v
Metropolitan Police Commissioner, indirect force: DPP v K, R v
Haystead, omission: DPP v Santana Bermudez)
Mens rea: Intention of, or subjective recklessness as to,
applying unlawful force.
Injury required: none.
Maximum sentence:…

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Abrasion Extensive or multiple More than minor
bruising permanent visible
disfigurement
Bruise (including a black eye) Displaced or broken nose Broken or displaced limbs
or bones
Swelling Minor fractures Injuries requiring
substantial loss of blood( i.e.
necessitating a transfusion)
Reddening of the skin Cuts requiring stitches Injury resulting in lengthy…

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Tested positive for class A drugs, charged on drug related
offence
If defendant was on bail already

Crown Prosecution Service (CPS)

Head: DPP- Director of Public Prosecutions, lawyer for at least
10 years. Appointed by Attorney General.
Below: Chief Crown Prosecutor, each head one of 42 areas
divisions of the…

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1. Punishment of offenders
2. Reduction of Crime
3. Reform and Rehabilitation of offenders
4. Protection of the public
5. The making of reparation by offenders to the people
affected by their offences

Deterrence
Individual- to ensure that offender will not reoffend. Several
penalties. Prison sentence,
Suspended sentence, or a…

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i) a drug rehabilitation requirement
j) an alcohol treatment requirement
k) a supervision requirement, and
l) in the case where the offender is aged under 25, an
attendance centre
requirement."
Unpaid work requirement. 40-300 hours on a suitable
project organised by the probation service. 8 hours sessions
usually.
Prohibited activity…

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Lower sentence.
1. Cooperating with the police
2. Mental illness
3. Physical illness
4. No previous convictions
5. Remorse

Reduction in sentence for guilty plea

Guilty plea made early in the proceedings. The Sentencing
Guidelines Council states it should be a reduction up to
one-third when guilty plea is at…

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Pre-action protocols

Prevention of the case going to the court. List of things to be
done and if the parties do not follow the procedure and give
the required information to the other party, they may be liable
for certain costs if they can make a court claim. Usually a…

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Civil procedure rules. Case management by judge includes:
Identifying
Deciding
Encouraging (to ADR)
Dealing
Giving directions
Fixing timetables
Burden and standard of proof

On the claimant "on the balance of probabilities". However,
there is an exception, rule of RES IPSA LOQUITUR (things
speak for themselves).

Res ipsa loquitur

Sometimes it…

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