G154 Synoptic Paper

NNoonn--FFaattaall OOffffeenncceess && CCoonnsseenntt

The key to this paper is your depth of knowledge and your use of the sources. There are more AO2 than AO1 marks available!

QQUUEESSTTIIOONN OONNEE

This is assessed for AO2 and worth 12 marks. This means that you should spend about 15 minutes on it. This will be based on one of the cases mentioned in the sources, and ask you to consider how it develops the law. This means you will need to know what each case in the sources decides, and another case to show how it extends the law on the specified area (non-fatal offences or consent) These cases are: Collins v Willcock 1984 1WLR 1172 R v Ireland, Burstow 1997 4 All ER 225 JCC (a minor) v Eisenhower 1983 3 All ER 230 Wilson (Clarence) 1984 AC 242 HL

Martin 1881 QBD 54 R v Mowatt 1968 1 QB 421 R v Wilson 1996 2 Cr App R 241 R v Brown 1994 1 AC 2112

It is focusing on precedent really (and thus bringing in part of AS Law). It will ask you to consider “the ways which...” or the “extent to which...” or “evaluate the fairness of...” Essentially, you need to say: What the critical point of law from the case is (using the source) How far it confirms the prior law How far it changes the law (with reference to a case).

Example Question From Jan 2010

Examiner’s Tip: Look at the sources immediately before and after the one in question, as they are likely to contain other information that is relevant to the development of the law

QQUUEESSTTIIOONN TTWWOO This is the BIG question, and is quite broad in its scope. It is worth 34 marks, which are split between AO1 and AO2. You should aim to spend about 40 minutes on it. You will be given a quote from one of the sources, and asked to do an extended critical comment on the area of the law. This focuses on the limits of the law, and current developments.

This means that you need to also know the law beyond the sources You must use the sources and should spend the first 5-10 minutes of answering to annotate the sources, and pick out relevant points. You need to understand exactly what each source is arguing – do they agree? Do they disagree? What precisely is their argument and how far does this fit with the current approach of the law. don’t need to write them out, just refer to the source number and the line number e.g. source X, line XX. You should treat this as a 50 mark question. It will be a question on one of the following topics: Non-fatal Offences

G154 Synoptic Paper

Consent Consent to sexual harm You should be able to look at the role of the judges, precedent, development of statutory meaning and the development of the law. You are required to enter a reasoned critical discussion of the area of law. Really you are looking at whether the development of the law has been reasoned and consistent, or subject to change.

Example Question from Jan 2010

Examiner’s Tip: Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction

QQUUEESSTTIIOONN TTHHRREEEE This will consist of three short problem questions to which you need to identify the relevant aspects of law, and then apply it to the situation. They are very straightforward! It should take you about 30 minutes to answer. They are worth 30 marks and this is divided up into 10 marks for AO1 and 20 for AO2

Essentially, they are an extended version of the section C questions on G153

Remember that the relevant statutes are contained in the sources (right at the start! Source one)

Example Question from Jan 2010

Examiner’s Tip: You should be able to identify at least three points of application plus a case for each high for marks. e.g. consent is not a possible defence because X’s behaviour goes well beyond that normal expected in a game of table tennis (case)

G154 Synoptic Paper

KKEEYY CCAASSEESS

Name Facts Ratio Consent? Non-Fatal?

1

2

3

4

5

6

7

8

9

10

11

12

13

G154 Synoptic Paper

14

15

16

17

18

19

20

21

22

23

24

G154 Synoptic Paper

SSOOUURRCCEE OONNEE This comes from the Offences Against the Person Act 1861 and Criminal Justice Act 1988

Task One: What do the following words mean in the law?

Task Two: Now go back over and identify one case for each section. Task Three: Which other sources does it link to? Add these annotations to your notes.

Key Terms?

maliciously?

wound?

cause?

grievous

bodily harm?

assault

s.47

common assault

Common battery

G154 Synoptic Paper

SSOOUURRCCEE TTWWOO Collins v Willcock [1984] 1 WLR 1172

Facts of case: Charge:

In the source Goff LJ discusses the meaning of the word and the relevance of a potential defence

of . He asserts that each person has the right to not be touched, or as he phrases it, is ‘inviolate’

and asserts that the meaning of the word battery is: “

“.

He makes it clear that is not necessarily the key element in establishing whether or not there

has been a battery. In the section below, identify two cases and their facts which apply this principle (that there

need be no injury for battery) and briefly illustrate this:

Case Facts?

However, he also makes it clear that because this definition is so wide, we have to allow some exceptions

otherwise every time you touch anyone accidently you would be liable for battery. He gives the examples of

and . He explains that these

more minor, everyday touches, e.g. on a bus, are covered by the theory of .

There are public policy reasons for having this exception, because otherwise the courts would be overflowing

and many of these actions aren’t really ‘criminal’ in their nature.

However, there is no clear test for when implied consent fails. According to Lord Goff, the current test is “goes

beyond the generally accepted standards of conduct”. This reflects the fact that it is a matter for the to

decide .

reasonable force for self defence injury Battery implied consent Consent lawful arrest jury

any touch of another person, however slight, might amount to a battery

Look at the following scenario. At what point does the defence of ‘implied consent’ fail?

Bob is walking down the street and stops to talk to Clive. PC Doug, wanting to get his attention, touches him on the shoulder. Bob refuses to turn and shrugs off the hand. So PC Doug goes to grip his shoulder and shake him. Bob removes the hand and refuses to co-operate, so Doug grabs his arm and begins to drag him away.

G154 Synoptic Paper

SSOOUURRCCEE TTHHRREEEE ((11)):: R v Ireland, Burstow [1997] 4 All ER 225 HL

Name the case... the ratio and which are Ireland cases and which Burstow!

Meaning of ‘assault’ Qu1: why has this word caused such problems? Qu2: Read the source, and find evidence for each of the following points, and the line numbers Write the relevant line numbers next to it!

Point Means? Lines? The aims of the criminal law

The key term in question in Ireland

The limitations of the ratio

The approach to statutory construction taken by the court

The meaning of ‘assault’

Are gestures enough for an assault [case!]

Things taken into account in assessing the threat to V

IIRREELLAANNDD FFAACCTTSS

Charge:

G154 Synoptic Paper

SSOOUURRCCEE TTHHRREEEE ((22)):: R v Ireland, Burstow [1997] 4 All ER 225 HL

What was the problem with the meaning of ‘inflict’?

Meaning of ‘cause’ and ‘inflict’

Clarence Dica

Chan Fook Konzami Wilson (Clarence) Because both DD pled guilty at first instance, which word did not rise to be interpreted? Why?

Look at source 5, and identify three points of criticism and confusion which arose prior to this case. Do you think that Lord Steyn is right, can this be read in “without straining the language in anyway”? Why/why not?

OUTCOME OF CASE... BBUURRSSTTOOWW FFAACCTTSS

Charge:

Precedents considered... Considered in....

G154 Synoptic Paper

SSOOUURRCCEE FFOOUURR JCC v Eisenhower [1983] 3 All EER 230 QB

Prior Case Ratio Following Case Ratio Wood 1830 Shadbolt 1833 Waltham1849

DPP v A 2000

Which of the following would constitute a ‘wound’ under s.20 and s.18?

Why are the CPS charging standards so important here?

Find evidence of each of the following in the source (you may want to choose a different colour for each point) 1. Where the appeal is from 2. What the outcome of the appeal is and why 3. Causation issues arising 4. The material facts 5. The ratio of the case 6. The word requiring interpretation under the statute Finally: why and how do you think that this problem with the meaning of the word arose?

G154 Synoptic Paper

SSOOUURRCCEE FFIIVVEE Criminal Law Michael Jefferson 2007

Summary of the Source

There are two sections to this secondary source, the first which discusses the meaning of the word

and the second which discusses the meaning of the word . At the end of the source it makes it clear

that the definitions of the concepts have to “ “, and attempts to

explain why this is the case “

“.

Look at each of the phrases below, taken from the source, and explain the point or the critism intended, using at least one other case “Lord Steyn stated that s.20 does not require an assault [in the sense of a battery] on the basis that, if it did words would have to be read into section 20.” Lines 4-5 “Lord Steyn thought that it would be ‘absurd’ if ‘cause’ and ‘inflict’ were of different width. This interpretation was consistent with the hierarchy of non-fatal offences...” line 33-34 “In both sections 18 and 20 the mental element is stated to be maliciously... It normally means in a atatute intentionally or recklessly. Negligence is insufficient. Yet one can be guilty of a more serious offence, manslaughter by gross negligence.” Lines 35-39 “[I]t is possible to substitute all the terms in the sections and thereby produce an authoritative modern version of the crimes which gets rid of all the difficult and case encrusted phraseology”. Lines 50-51

Case Fact Ratio/Obiter Problem?

Wilson [Clarence]

Martin

Mowatt

G154 Synoptic Paper

SSOOUURRCCEE SSIIXX:: “Consent: public policy or legal moralism?”

Susan Nash NLJ March 15th 1996

SSEECCTTIIOONN OONNEE:: Cases Mentioned

R v Brown 1994 R v Wilson 1996 Court:

Charges: Court: Charges:

Facts:

Ratio: Facts: Ratio:

SSEECCTTIIOONN TTWWOO:: Other Cases? You will need to add in your own knowledge. So next, use your notes and see if you can name each of the following cases, and their ratios.

SSEECCTTIIOONN TTHHRREEEE: Look at Nash’s explanation of the grounds for the differing decisions in Brown and Wilson. Which element seems to form the focus of the differences? What problems or issues can you see with this idea? SSEECCTTIIOONN FFOOUURR::

“Lord Templeman considered that in some circumstances the accused would be entitled to an acquittal although the activity resulted in the infliction of some injury.” (L22-3)

The world’s worst one night stand!

That’s not how to light a candle...

Or your girlfriend!

But she only laid there! She consented.

But it’s ok! I agreed to him whipping me!

Husband is Ghon... or he soon will be!

He has not aided my understanding

of the situation

G154 Synoptic Paper

Look at the exceptions which he identifies in the extract, complete the table below, illustrating as many exceptions and their justifications as possible. Mark which ones are in the source! Exception? Example? Justification or grounds? In the source?

SSEECCTTIIOONN FFIIVVEE:: Links to other sources? Look back over sources one to five, where else is consent discussed? What aspect? What decision emerges? SSEECCTTIIOONN SSIIXX:: Finally, now you have looked at the whole of consent, write a response to the following statement, using relevant cases and the source to justify your conclusion. To what extent do these decisions “rekindle the debate regarding the extent to which the criminal law

should be concerned with the consensual activities of adults in private”

G154 Synoptic Paper

Speed Test: Synoptic Paper Non-Fatal Offences & Consent

1. Identify the source and line numbers which define common assault and

battery 2. Which two sources discuss consent? 3. Which two sources discuss the meaning of the word ‘inflict’? 4. Identify the source and the line[s] which identifies the inconsistencies of

the law on non-fatal offences 5. Which source applies the literal, contemporary meaning of the key word

in the case (and what is that word?) 6. Which source discusses the meaning of the word ‘battery’?

7. Identify which source (including line numbers) which talk about psychiatric injury as admissible for consent

8. Which two sources talk about the interpretation of s.20 OAPA (including line numbers)

9. Which source discusses the case of Martin 1881 (and line numbers)

10. Where can you find the meaning of the word ‘maliciously’?

Speed Test (2): Synoptic Paper Non-fatal Offences & Consent

1. Identify two of the exceptions to the general rule on consent (with line

numbers) 2. Name one source which confirms an earlier precedent of the Court of

Appeal (which one) 3. Where is the general rule on the defence of consent to be found? 4. Where is the definition of battery to be found? (Source and line numbers) 5. Where do the judges develop the law in line with modern social demands? 6. Where can you find the facts of Wilson? 7. Where can you find the meaning of the word ‘wounding’? Line Numbers 8. Where is it made clear that OAPA is a consolidation statute and causes a

problem? 9. Where will you find a discussion of the meaning of tattooing? 10. Name two sources (and lines) which identify problems with the wording

of OAPA.