Questions and Answers 100% Pass
An assault or battery occasioning in ABH (OAPA)
Actus Reus for S47 OAPA 1861
Intention or recklessness as to causing the assault or battery (OAPA)
Mens Rea for S47 OAPA 1861
test for intention/ recklessness mens rea case study
R v Savage
To wound or inflict GBH (OAPA)
Actus reus for S20 OAPA 1861
GBH def case study
R v Saunders
Intention or recklessness as to causing some harm (OAPA)
Mens Rea for S20 OAPA
To wound or cause GBH (by any means whatsoever) (OAPA)
Actus Reus for S18 OAPA
Intention to cause GBH (intention or recklessness as to causing some harm) (OAPA)
Mens Rea for S18 OAPA
R v Parmen
d does not have to intend to be reckless as to inflicting the severity of GBH (only
causing some harm which can be less serious)
Defamation Act 2013
Person can sue another person/organisation for words that are untrue that have caused
damage to reputation
libel
written down/published (permanent)
slander
a false damaging statement in public (not permanent)
S1 Defamation Act 2013
Requires proof publication has likely caused serious harm to reputation to C
S2 Defamation Act 2013
Truth; defense for defamation
case study of S2 for Defamation Act 2013
Keays v Guardian Newspapers
S3 Defamation Act 2013
Honest opinion; defense for defamation
case study of S4 Defamation Act 2013
Sunday Times v UK (also against Article 10 HRA 1998)
S4 Defamation Act 2013
Publication on a matter of public interest; defense for defamation
, Cooke v MGN Ltd
Meaning of serious harm is left to the courts to deceide
S15 def. Publish Defamation Act 2013
relation to a statement, have meaning they have for purposes of the law of defamation
S15 def. Statement Defamation Act 2013
words, pictures, gestures or any other method of signifying meaning
freedom of Information Act 2000 (FOIA)
Allows person to request & access information held by public authorities. Public
authorities have a duty to publish certain information about their activities.
FOIA Public Authorities
S1.3= NHS, Police, state schools
Aim of FOIA 2000
cover information held about the public authorities OWN actions
S1 FOIA 2000
General right of access to information held by public authorities
S2 FOIA 2000
Reasons a person cannot be given information: national security, future publication,
personal information, law enforcement in use of justice
H.LA Hart
Concept of law is distinguished of primary and secondary legal rules. Argued law and
morality are separate.
What did Professor Hart Argue?
Society should NOT interfere with private more or immoral conduct. Law positivist
Patrick Devlin
Without shared ideas in politics, morals and ethics, NO society can exist.
What did Devlin Argue on theory of law?
Laws should be based on society's morals
What constitutes as an obstruction of police and is an arrestable offence
Refusing to answer police question in a rude/aggressive manner
Case of person obstructing police work
Rickets v Cox
Police cannot do what if a person is refusing to answer questions
Police can't take hold of a person in order to prevent them from leaving or in order to
compel them to answer. This could result in unlawful detention and common ASSAULT
Equality Act 2010 in terms of PACE
Unlawful for police officers to discriminate against/harass any person on grounds of
'protected characteristics'
Terrorism Act 2000 and Criminal Ac 1987 (act of silence towards police)
Legal duty for suspects to answer questions from police under these acts
Criminal Justice Act 2003
sets the purpose of sentencing to punish offenders from an offence. reform
rehabilitation, protection to public and or reparation to the victim
Retribution
Punishment in proportion of the offence. contains element of revenge. eye for an eye
Disadvantages of retribution
Doesn't use mitigating factors. can have harsh punishments like death penalty