A LEVEL LAW 1 AQA (2023) FINAL EXAM ACTUAL
QUESTIONS AND CORRECT ANSWERS ALREADY GRADED
A+ GUARANTEED SUCCESS
What is GBH defined as, and what is the maximum sentence for it?
GBH = maliciously inflicting GBH or wounding, maximum sentence = 5 years in
prison.
What is wounding defined as under section 20?
Wounding is defined as a break in the continuity of the skin.
examples cases for occupiers?
Wheat v E Lacon & Co (1966), Harris v Birkenhead (1976), Bailey v Armes (1999).
examples cases for premises?
Wheeler (1981), Haseldine (1941)
examples of lawful visitors?
guests, customers, contractors
what are the 4 options when deciding a case?
follow, overrule, reverse, distinguish.
what is an example of when a judge has decided due to a previous judge's decision?
(judicial precedence)
Donoghue v Stevenson (1932)
when a judge decides a case, what must they do?
decide the facts, decide how the law is applied.
what is the main difference between OLA 1984 and OLA 1957?
OLA 1984 deals with trespassers, whereas OLA 1957 deals with lawful visitors.
, What is GBH defined as under section 20?
GBH = really serious harm, serious physchiatric injuries can also class as GBH, the
age & vulnerability of the victim could mean that less severe injuries can constitute
for GBH.
What is the mens rea for GBH?
Mens rea (guilty mind) = maliciously inflicting GBH, maliciously = the defendant
intends or foresees that some harm might occur to the victim.
What is GBH defined as under section 18?
Causing GBH or wounding with intent.
What is the mens rea for s18 GBH?
the direct intention to cause really serious harm - the D can have the oblique intention
to cause really serious harm.
case examples for S20 GBH?
R v Golding (2014), JJC v Eisenhower (1983), R v Dica (2004).
Definition of OAPA 1957?
Covers personal injury and properly damage to lawful visitors such as invitees,
licensees those with contractual permission of statutory authority.
What is the 'occupier' defined as?
The 'occupier' is the person with a sufficient degree of control over the premises.
What is the 'premises' defined as?
Fixed or moveable structure including vessel, vehicle and aircraft.
What is the three-part-test independent contractors use?
D acted reasonably in trusting the contractor, D took reasonable steps to satisfy that
the contractor was competent, D took reasonable steps to inspect work.
Definition of OAPA 1984?
QUESTIONS AND CORRECT ANSWERS ALREADY GRADED
A+ GUARANTEED SUCCESS
What is GBH defined as, and what is the maximum sentence for it?
GBH = maliciously inflicting GBH or wounding, maximum sentence = 5 years in
prison.
What is wounding defined as under section 20?
Wounding is defined as a break in the continuity of the skin.
examples cases for occupiers?
Wheat v E Lacon & Co (1966), Harris v Birkenhead (1976), Bailey v Armes (1999).
examples cases for premises?
Wheeler (1981), Haseldine (1941)
examples of lawful visitors?
guests, customers, contractors
what are the 4 options when deciding a case?
follow, overrule, reverse, distinguish.
what is an example of when a judge has decided due to a previous judge's decision?
(judicial precedence)
Donoghue v Stevenson (1932)
when a judge decides a case, what must they do?
decide the facts, decide how the law is applied.
what is the main difference between OLA 1984 and OLA 1957?
OLA 1984 deals with trespassers, whereas OLA 1957 deals with lawful visitors.
, What is GBH defined as under section 20?
GBH = really serious harm, serious physchiatric injuries can also class as GBH, the
age & vulnerability of the victim could mean that less severe injuries can constitute
for GBH.
What is the mens rea for GBH?
Mens rea (guilty mind) = maliciously inflicting GBH, maliciously = the defendant
intends or foresees that some harm might occur to the victim.
What is GBH defined as under section 18?
Causing GBH or wounding with intent.
What is the mens rea for s18 GBH?
the direct intention to cause really serious harm - the D can have the oblique intention
to cause really serious harm.
case examples for S20 GBH?
R v Golding (2014), JJC v Eisenhower (1983), R v Dica (2004).
Definition of OAPA 1957?
Covers personal injury and properly damage to lawful visitors such as invitees,
licensees those with contractual permission of statutory authority.
What is the 'occupier' defined as?
The 'occupier' is the person with a sufficient degree of control over the premises.
What is the 'premises' defined as?
Fixed or moveable structure including vessel, vehicle and aircraft.
What is the three-part-test independent contractors use?
D acted reasonably in trusting the contractor, D took reasonable steps to satisfy that
the contractor was competent, D took reasonable steps to inspect work.
Definition of OAPA 1984?