By Sally Russell
This can be a significant new textbook protecting the most modules of the OCR A2 syllabus inside of a unmarried source. The e-book is particularly designed to assist scholars of all studying kinds comprehend the topic. the color layout and pedagogical units reminiscent of key case bins, instance bins, diagrams and tables convey the topic to lifestyles and make learn fascinating. The e-book contains summaries, activity containers and self-test inquiries to support scholars to recollect the legislation. It integrates into every one module exam-tip bins, essay and examination questions, and directions for solutions, in addition to a bankruptcy of exam recommendation, to assist scholars achieve tests and assignments.
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Extra info for A2 Law for Ocr
Sample text
Now we’ll look at some cases. In Smith (1959) a soldier stabbed in a fight was dropped twice on the way to the treatment centre and then left untreated for some time. Although the court recognised that this contributed to the death, it found Smith, who had stabbed him, guilty of murder. As Lord Parker LCJ put it, his act was ‘still an operating cause and a substantial cause’ of the death. } Key case In Cheshire (1991) due to negligent treatment by the hospital, complications arose after an operation on the victim of a shooting.
8 had amended this to subjective Moloney (1985) HL disapproved Hyam Foreseeing death as ‘probable’ was not proof of intent Foresight of death or serious injury as a moral certainty or natural consequence Foresight was evidence of intent rather than proof of intent Hancock and Shankland (1986) Moloney guidelines were followed but HL held that ‘natural consequence’ was misleading The greater the probability, the more likely it was foreseen and thus intended Evidence Nedrick (1986) CA provided a new test Death or serious injury was a virtual certainty and D appreciated this Evidence from which the jury can ‘infer’ intent Walker and Hayles (1990) CA followed Nedrick but added Very high degree of probability sufficed As above Woollin (1998) HL confirmed Nedrick test Death or serious injury was a virtual certainty and D appreciated this Evidence from which jury can ‘find’ intent Matthews and Alleyne (2003) Applied Nedrick test Death or serious injury was a virtual certainty and D appreciated this Evidence of intent is not proof of intent It proved intent (this seems to contradict s.
It turns out I have parked on a double yellow line, but I couldn’t see it. It would be very hard to prove I knew I had parked on a yellow line in the snow, that I had mens rea. It would take up a lot of court time for what is only a minor matter. Task Choose two of the arguments for, and two against, strict liability and develop them. Add a case for each argument to support your views and keep this for essay practice. No negligence and due diligence There may be a defence where D can prove that there was no negligence or that ‘due diligence’ or, more simply put, ‘all due care’ was taken.