By Tony Storey, Alan Lidbury
This textbook covers the legal legislations choice of the A-level legislations syllabus, and provides an perfect creation for anyone coming to the topic for the 1st time.
Criminal Law covers all A-level syllabuses/specification necessities, and is written through the imperative examiner and imperative assistant examiner in felony legislations for one of many significant exam forums. It includes huge case representation, and a number of exam comparable questions and actions. there's a designated concentrate on key abilities, and at the new synoptic evaluation syllabus requirements.
This totally up-to-date 3rd version builds upon the good fortune of the 1st variations.
- provides insurance of OCR and AQA specifications
- is counseled by means of OCR to be used with the legal legislations choice
- includes new OCR synoptic review resource fabrics (for use in examinations in June 2005) with extra guidance
- discusses new laws and cases including Sexual Offences Act 2003, Andrews, Bollom, G and R, Rowland, Safi and others, Weller, Z.
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Extra info for Criminal Law
Medical experts for the defence described this treatment as ‘palpably wrong’. Furthermore, large quantities of liquid had been administered intravenously, which had caused V’s lungs to become waterlogged. This was also described as ‘wrong’ by the defence doctors. As a result of the waterlogging, V developed pneumonia, the medical cause of death. By the time of death, the stab wounds had mainly healed. The Court of Criminal Appeal quashed the conviction: if the jury had heard this evidence, they ‘would have felt precluded from saying that they were satisﬁed that death was caused by the stab wound’.
In Malcharek, Steel (1981), the Court of Appeal said that Jordan was ‘very exceptional’. Nevertheless, Jordan has never been overruled and, presumably, in a future case where medical treatment is found to be ‘palpably wrong’, a jury will be entitled to ﬁnd that the chain of causation has been broken. Indeed, in Blaue, the Court of Appeal added that Jordan was ‘probably rightly decided’. Life-support machines A particular problem concerns victims who are placed on life-support machines. If there is no prospect of recovery, the doctors may decide to switch the machinery off.
The actus reus and mens rea must coincide at the same point in time. If they do not, D cannot be guilty of that offence, although they may be guilty of a different offence. • Causation is a question of fact and law. Factual causation is tested using the ‘but for’ test (White). Legal causation involves looking at whether there is any break in the chain of causation. 24 1 Actus reus and mens rea • The chain of causation is not broken if the injuries inﬂicted by D remain ‘operating’ and ‘substantial’ at the time of death (Smith).