Download e-book for kindle: AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser

By Jacqueline Martin; Chris Turner; Denis Lanser

ISBN-10: 1444122800

ISBN-13: 9781444122800

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A case example involving a parent–child duty is Gibbins and Proctor (1918). 1 Omissions as actus reus In nearly every case the actus reus will be an act such as stabbing the victim, shooting them or running over them in a car. The normal rule is that an omission cannot make a person guilty of an offence. This was explained by Stephen J, a nineteenth-century judge, in the following way. “ ‘A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned.

NO YES Did an intervening act break the chain of causation? YES Not guilty Not guilty Not guilty NO D legally and factually caused consequence and will be guilty if he has the required mens rea. 1 The rules on causation Read the following situations and explain whether the actus reus for murder is present. 3. Toyah stabs Steve in the arm. His injury is not serious but he needs stitches, so a neighbour takes Steve to hospital in his car. On the way to the hospital the car crashes and Steve sustains serious head injuries, from which he dies.

Explain what is meant by ‘implied malice aforethought’. 3. Is ‘foresight of consequences’ (a) intention for murder or (b) evidence that can be used to find intention? 4. Explain a case in which ‘foresight of consequences’ was considered. 5. Explain what is meant by transferred malice. 5 Coincidence of actus reus and mens rea In order for an offence to take place, both the actus reus and the mens rea must be present at the same time. For example, if you decide to go round to your next-door neighbour intending to assault them, but when you get to their house you 15 change your mind and do not actually assault them, you cannot be guilty of an assault, even though you had the mens rea.

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AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser

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