7. Defences

2020 ◽  
pp. 130-161
Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions focusing on the defences. The chapter covers the mental defences of insanity, automatism, and intoxication, as well as the compulsion defences of duress, necessity, and self-defence. Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress is tighter than in the past, and there is considerable debate over whether the defence of necessity exists at all.

Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions focusing on the defences. The chapter covers the mental defences of insanity, automatism, and intoxication as well as the compulsion defences of duress, necessity, and self-defence. Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress is tighter than in the past, and there is considerable debate over whether the defence of necessity exists at all.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions focusing on the defences. The chapter covers the ‘mental defences’ of insanity, automatism, and intoxication as well as the compulsion defences of duress, necessity, and self-defence. Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress has been tightened recently, and there is considerable debate over whether the defence of necessity exists at all.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss. 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).


2020 ◽  
pp. 218-224
Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter deals with how to achieve success in coursework assessments in criminal law. It offers advice on how to get started, and the different approaches needed to write the longer, more detailed answers required of coursework. An example of a coursework answer is provided. Research and planning are essential. It is crucial to employ critical analysis, to stay relevant, and to stick to the word limit. Assessments must be approached logically and be tightly structured. Finally, students need to become familiar with correct referencing of legal authorities.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on murder and manslaughter and suggested answers. The key issues of direct and oblique intent as it applies to murder are considered. The chapter also deals with the changes to the partial defences to murder (loss of control and diminished responsibility) brought about by the statutory provisions in the Coroners and Justice Act 2009, and the differences between the types of involuntary manslaughter (by an unlawful act, by gross negligence, and by recklessness).


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This introductory chapter provides an overview of the nature and complexities of the criminal law and the common features of all crimes such as actus reus, mens rea, and the defences. It outlines some techniques for achieving success in criminal law examinations. The chapter notes that to achieve success it is important to exercise good study skills from the outset and learn how to manage your time well. Relevance and structure are vital. Planning answers carefully, and providing critical analysis of the issues raised are essential.


Author(s):  
H.E.M. Cool

Glass came of age during the Roman period. Within the ancient world it had been used from the mid-second millennium bce onwards, but only for jewellery and luxury items like small perfume bottles. This started to change in the late 2nd century bce, when the Hellenistic industries started to produce simple glass drinking vessels. In the early Imperial period there was an explosion in the vessel forms available, in part made possible by the discovery of how to blow glass. The new types included both the luxurious, such as exquisite cameo vessels, and the utilitarian, such as disposable packaging for cosmetics. A similar expansion was seen in its role in buildings, where glass went from luxurious interior decoration to structurally important window glass. References in literary works and depictions in wall paintings at the time attest to the considerable attention this new phenomenon attracted in the early to mid-1st century ce. Vessels, windows and other items spread widely throughout the empire and beyond, and to all levels of society. Over the next 400 years, how the material was used changed with time and place as the various regional industries responded to the needs and preferences of their communities. This was a major high-temperature industry which would have made considerable demands on resources such as fuel, but there are still many things that are unknown about it. Where, for example, was the glass itself made? Waste from secondary workshops producing vessels is regularly encountered, but evidence for the primary production is extremely rare. This has led to considerable debate, with competing models being proposed. Glass is not a material where scientific techniques such as those used to provenance pottery have proved very helpful. The composition of Roman glass is extremely uniform throughout the empire, and again there has been much debate about why this might be. Of late, some useful advances have started to be made in approaching these questions, and this may eventually disentangle what was going on. The study of Roman glass provides a unique window into the past. Through it the impact of new technologies and materials can be seen, as well as the choices people made about what was useful in their lives—all against the background of some of the most beautiful and skilful vessels ever made.


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