Evaluation of Criminal Law; Unit 3 - Notes

Notes made the Nelson Thornes text book and notes given by my teacher.

Covers the evaluation section of the course; Murder and Voluntary Manslaughter (Diminished Responsibility, Provocation and Loss of Control), The Offences Against the Person (Assault, Battery, ABH, GBH and Wounding) and the Defences (Insanity, Automatism, Intoxication, Consent and Self-Defence)

Pages in this set

Page 1

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Offences Against The Person Evaluation
Ministry of Justice asked Law Commission to undertake scoping paper for 2013
Offences Against The Person Act 1861
Criminal Justice Act 19898
Already done in 1993 (Bill was drafted)
Main Issues:
Language
Structure/Hierarchy
Out Of Date

Language
Malicious: Ordinary meaning = spiteful/Legal meaning = Intention…

Page 2

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Murder and Voluntary Manslaughter Evaluation
Mens Rea
Intending GBH or Murder? Same sentence regardless of what you intended? (Vickers)
Life Sentence
Various degrees of murder: Ruthless murder and mercy killings, but same sentence? (Gray)
(Mohan) (Dianne Pretty)
Murder (Abolition of the Death Penalty) Act 1965 = Kill cold heartedly and…

Page 3

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The law commission have made a scoping paper to see how the defence of insanity is working, if it all
as it is based on 19th century law. There are also several issues with the defence of consent and how
it really works in a world where people regularly consent…

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