Model Answers Law03

These are full marks model answer frameworks for answering any question in Law03 following the essay technique 'IDEA' 

All you need is to add the application to the case in the question you're answering. 

Topics include-

-Murder

-Unlawful Act Manslaughter

-Gross Negligence Manslaughter

-Diminished Responsibility

-Loss of Control

- 5 defences (Insanity, Intoxication, Self Defence, Automatism, Consent)

-Theft

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  • Created by: laura
  • Created on: 01-03-15 23:18
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Page 1

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IDEA : MURDER

I
D could be charged with V's murder.
D
Murder is the common law offence defined by Lord Coke in 1797 as "the
unlawful killing of another human being under the queens peace with
malice afterthought expressed or implied"
E
The killing must be deemed unlawful and…

Page 2

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IDEA: LOSS OF CONTROL
I
D could potentially use the partial defence of loss of control.
D
Loss of Control comes from s.54 of the Coroners and justice act 2009.
E
To use this defence the D must have lost control, this loss of control need
not be sudden but…

Page 3

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IDEA: DIMINISHED RESPONSIBILITY
I
D could potentially use a partial defence of diminished responsibility.
D
Diminished responsibility defence comes from s.2 (1) homocide act 1957.
E
A defendant must have an abnormality of mental functioning so far
removed from that of a reasonable man that it would be deemed
abnormal…

Page 4

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IDEA: UNLAWFUL ACT MANSLAUGHTER

I
D can be charged with Unlawful Act Manslaughter
D
E
The D must commit an unlawful act. This must be a criminal act, not a
civil wrong (Franklin) It must also be an act not an omission (Khan &
Khan). The act must be dangerous…

Page 5

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IDEA: INTOXICATION

I
D could be use the defence of Intoxication
D
Intoxication can be through alcohol or drugs
E
You must first ask whether the D was intoxicated voluntarily or
involuntarily. Voluntary intoxication is where the D has chosen to either
consume alcohol or drugs. Involvuntary intoxication is where…

Page 6

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IDEA: INSANITY
I
D could potentially use a defence of insanity
D
The rules for Insanity come from (M'Naghten 1843)
E
A defendant must be laboring under a defect of reason, from a disease of
the mind causing them to not know the nature and quality of their act and…

Page 7

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IDEA: SELF DEFENCE
I
D could potentially use a defence of self defence
D
Self defence is a common law defence, now consolidated in statute.
(Criminal justice and Immigration Act 2008)
E
You can use self defence to defend yourself, another person or your
property. The D must have an…

Page 8

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IDEA: AUTOMATISM
I
D could potentially use a defence of Automatism
D
Automatism is an act done by the muscles without the control of the mind
(Bratty)
E
A defendant must show a complete loss of control to use Automatism.
This requires that there is a `total destruction of voluntary…

Page 9

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IDEA: CONSENT
I
D could potentially use a defence of consent.
D
The general rule of consent is that you cannot consent to more than
minor harm. Your consent can be implied through the everyday joslings
of life (Wilson v Pringle) A defence of consent can be used when the…

Page 10

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IDEA: GROSS NEGLIGENCE MANSLAUGHTER

I
D can be charged with Gross negligence Manslaughter
D
The rules for Gross negligence manslaughter come from (Adamako)
E
The D must have a duty of care towards the V following the rules from
civil law (Donoghue and Stephenson) (Caparo). The D must have then…

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