10. Skills for Success in Coursework Assessments

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.

3. Murder and Manslaughter

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).

1. Exam Skills for Success in Criminal Law

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.

6. Property Offences

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 theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

4. Non-Fatal Offences Against the Person

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.

8. Secondary Liability and Inchoate Offences

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 inchoate offences and accessories, along with suggested answers. The doctrine of joint enterprise is also considered, especially the decision in R v Jogee, which reverses the previous common law position. Inchoate offences and issues of accessorial liability can feature on exam papers in the form of questions dealing with discrete topics, but typically they will feature as part of a problem question dealing with a range of substantive offences. For this reason, candidates sometimes fail to prepare properly to deal with these areas. There is also the fact that accessorial liability is amongst the most confusing and conceptually difficult areas of criminal liability. Some clarity has been achieved in this area in the Supreme Court’s decision in R v Jogee.

2. Fundamental Principles of Criminal Liability—Actus Reus and Mens Rea

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).

7. Defences

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.

5. Sexual Offences

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 sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape, as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.

9. Mixed Questions

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 mixed topics. The styles adopted for criminal law examination questions can vary enormously. Some examiners will set problem questions that focus largely on one area, others will set mixed questions which cut right across the syllabus. A mixed question requires knowledge of a wide variety of often unrelated topics. There are some classic combinations such as sexual offences and offences against the person or murder/manslaughter, but candidates should be aware that some topics, such as defences and actus reus and mens rea are pervasive. Mixed questions will generally be of two types: (i) where candidates have to cover a vast number of issues briefly; (ii) where candidates need to cover some issues briefly, but others in some depth. This chapter presents examples of mixed questions and suggested answers. Some typical areas for combination are presented.