Law unit 3 - Criminal law non fatal and fatal offences, defences and critical evaluation

criminal law - offences against the person

non-fatal offences 

fatal offences - murder, involuntary manslaughter and voluntary manslaughter. 

general defences. 

criticisms of non fatal offences, fatal offences and the general defences. 

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Law unit 3
Section A - criminal law (offences against the person)

Non-fatal offences against the person
Fatal offences against the person
Critical evaluation of law on the offences against the person

Summary of non-fatal offences:-
Crime Actus Reus Mens Rea Cases
Assault Causing the victim to Intention or…

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The actus reus can be an omission if the defendant had a duty of care to the victim and breached the duty by
failing to do something (Gibbins & Proctor). It is necessary to establish the chain of causation in order to
establish whether the defendant caused or brought about…

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The homicide act raised the question as to whether the provocation was sufficient to make a reasonable
man act in the same manner. There are two parts to the reasonable man test:
1. For the purposes of self control the level is the power of self control expected from a…

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Reckless manslaughter:
The test is whether the defendant was aware of risk of death or serious injury and nonetheless proceeded
unreasonably to take that risk provided that his or her action was the cause of death. The test is of course
subjective. Liddar case: defendant was the driver of a…

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Insane automatism: if the automatism results from a disease of the mind under the M'naughten rules it is
then in such a circumstance that the defendant can use the defence of insanity not automatism.

Non-insane automatism: the cause of automatism must be external therefore not due to insanity. It cannot…

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necessary. Man in the street finds it difficult to understand. No clear definition between inflict and
Sentencing: intended to be a hierarchy based on level of harm and appropriate penalty but
wounding receives higher penalties.
Intent: for ABH intent for assault is enough to constitute as intent for ABH.…

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insanity but the prosecution proves the actus reus the defendant can still be convicted despite the
existence of reasonable doubt concerning the mens rea.
Intoxication: "the law is a mass of inconsistency, lacks any logic and is rooted firmly in policy". It
can be argued that the Majewski rule is…




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