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Question: Is There Any Rational Basis for the Distinction Which Criminal Law Draws Between Acts and Omissions? How consistently is the Distinction Maintained?

Answer: An act is an action which directly or indirectly causes a result. In criminal law, a person is held liable for an action which, when the required mens rea[1] and actus reus[2]...


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Details: - Mark: 63% | Course: Criminal Law | Year: 1st | Words: 1686 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 80

Question: Analyse the evolution and applications of non-fatal offences focusing on the following:
1. Assault and Battery
2. Assault Occasioning Actual Bodily Harm
3. Inflicting a Wound or Grievous Bodily Harm
4. Wounding or Causing Grievous Bodily Harm

1st Year LLB (hons) at ARU – Criminal Law Paper – 62% confirmed assessment result

Answer: Non-fatal offences embody a wide range of frequently encountered crimes of violence or threats. March 2015 figures from the Crime Survey for England and Wales (CSEW)1 showed a 23% increase in ‘violence...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 2314 | References: Yes | Date written: October, 2015 | Date submitted: May 02, 2016 | Coursework ID: 962

Question: The internal/external factor distinction is used to mark the boundary between automatism and insanity. To what extent are these boundaries clearly demarcated?

Critically discuss with reference to case law.

Answer: Under English law the defences of insanity and automatism play an important role in the avoidance of Liability for crimes committed in a state of abnormal mental functioning. The reasons for these...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1958 | References: Yes | Date written: March, 2014 | Date submitted: April 01, 2016 | Coursework ID: 957

Question: ‘The offence of theft was drafted to protect property rights and not exploitative behaviour, however despicable. Yet the House of Lords in the decisions on the meaning of appropriation culminating with Hinks [2001] appears to have lost sight of this. The result is an incredibly broad offence with far too much hinging on the concept of dishonesty.’ Discuss.

Answer: The offence of theft was made statutory in 1968 with the prominent intention of protecting property rights. However, legal theory inevitably differs from reality. On analysis of the Theft act, five conjoined...


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Details: - Mark: 62% | Course: Criminal Law | Year: 2nd/3rd | Words: 1414 | References: Yes | Date written: March, 2011 | Date submitted: April 24, 2013 | Coursework ID: 782

Question: What is the most convincing explanation of accomplice liability? Does the current law reflect those justificatory grounds?

Answer: The criminal law functions to punish not only those who directly harm a victim but also those who assist the offence. The actus reus of an accomplice is set out in the...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1597 | References: Yes | Date written: January, 2010 | Date submitted: April 26, 2012 | Coursework ID: 740

Question: ‘For Criminal Liability, the actus reus and mens rea of the same offence must always coincide in point of time.’ Assess the accuracy of this claim.

Answer: Liability put simply in legal terms is defined as a “legal duty or obligation by law” . Liability, if bound by law, can in many ways be criminal, thus considered criminal liability....


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Details: - Mark: 62% | Course: Criminal Law | Year: 2nd/3rd | Words: 2197 | References: No | Date written: Not available | Date submitted: July 04, 2009 | Coursework ID: 511

Question: To what extent is intoxication a defence to criminal charges?

Answer: Intoxication covers the effects of alcohol and drugs on a person and is only a defence if it means that the defendant did not have the Mens Rea (state of mind) required...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1083 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 316

Question: ‘Morality and Criminal Law are inherently connected. It would not be possible to separate them even if it were thought to be a good idea in principle.’ Discuss.

Answer: From looking at the British legal system I believe it is clear that the foundations of law lie within moral claims, as such it can be seen that morality and criminal law...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1524 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 306

Question: Compare and contrast ‘intention’ and ‘recklessness’ as fault terms governing criminal liability.

Answer: To be guilty of a crime, it is usually expected that the defendant has the necessary mens rea or guilty mind, (subject to cases of strict liability.). The level of mens rea...


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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 2013 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 298

Question: 'The present law on Recklessness is confused and unfair.' Discuss.

Answer: An underlying principle of criminal law is that a person should not be punished unless he or she has committed either the act or omission in question and is blameworthy. In order...


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Details: - Mark: 62% | Course: Criminal Law | Year: 2nd/3rd | Words: 3156 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 87


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