Principles of Criminal Liability
Exam Q Practice
Starter Activity
• You have two crosswords in front of you –
an easy one and a difficult one
• Off you go!
Lesson Objectives
• I will understand the make-up of a Unit 2a
exam question
• I will be able to answer a Unit 2a exam
question to a good level
How is your exam made up?
• You will answer sections A and B from the paper as we are not
studying section C
• The question starts with a short scenario that sets the scene
and is the basis of your discussions for some of the questions
• The questions are of two general types:
– Theory questions – these require an explanation of terms used an no
reference to the facts given in the scenario
– Application questions – these usually require you to select the
appropriate law or principles of sentencing and apply the law to the facts
given in the scenario. You should assume that the facts as stated in the
scenario can be proved
When you answer
If a theory question:
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State the law
Explain the principle
Support with evidence
Conclude where necessary
If an application question:
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Select the relevant principle(s)
Apply it to the question
Support with evidence
(Repeat if there is another side of the argument)
Conclude where necessary
Alan believed that Bhu, a fellow student,
had stolen his mobile phone. Alan saw
Bhu at college, went up to her and said,
“We sort out thieves like you.” As Bhu
hurried away in a panic, Alan’s friend,
Carol, sprayed Bhu with red paint. A small
amount of paint went into Bhu’s eyes. She
was taken to hospital where her eyes were
treated to remove the paint. As she went
home, and just before her sight was fully
recovered, she tripped up a kerb and
fractured her skull.
• Explain how there can be criminal liability
for an omission. (7 marks)
• Outline the rules on causation, and briefly
discuss whether Carol caused Bhu’s
fractured skull. (7 marks + 2 marks for
AO3)
Explain how there can be criminal liability for an omission. (7 marks)
• (A) Explanation of omissions, amounting to an actus reus, based on
a duty. For example, contractual duty, public position requiring a
person to act, Act of Parliament requiring action, creating dangerous
situation, assumption of responsibility, special relationship
• Note – any three areas explained can achieve full credit
• Possible reference to statutory offences of omission, eg failure to
display, stop, etc
• Cases and/or examples, eg Stone and Dobinson; Miller; Dytham, etc
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7 - 6 The candidate deals with (A) as follows: one sound.
5 - 4 The candidate deals with (A) as follows: one clear.
3 The candidate deals with (A) as follows: one some.
2 - 1 The candidate demonstrates limited capacity for explanation
or mistakes and confusion fundamentally undermine a more
substantial attempt at explanation.
• 0 The answer contains no relevant information
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(A) Outline of the meaning of causation. This can include
Factual: “but for” test;
Legal: significant and operative cause, novus actus interveniens:
Cases/examples to illustrate, eg medical negligence, contribution of
others, pre-existing medical condition (Smith, Benge, Hayward), etc;
possible action by victim
Application to the scenario of both ‘but for’ test and ‘operating and
significant cause’ test
Conclusion (potentially either way if well argued)
7 - 6 The candidate deals with (A) as follows: one sound.
5 - 4 The candidate deals with (A) as follows: one clear.
3 The candidate deals with (A) as follows: one some.
2 - 1 The candidate demonstrates limited capacity for explanation
and/or application but
• neither is clear or mistakes and confusion fundamentally undermine a
more substantial attempt at explanation and application.
• 0 The answer contains no relevant information.
Your turn
• Explain the meaning of the term ‘mens
rea’. (7 marks)
Mark scheme
• Potential Content
• (A) Explanation of the meaning of mens rea in general terms (guilty
mind).
• Recognition that the courts have developed definitions of common
states of mind found in criminal liability. These include:
• Direct intent (definition + illustration, eg Mohan),
• Oblique intent (definition + illustration, eg Woollin) and,
• Recklessness (definition and illustration, eg Cunningham)
• NB Marginal credit may be given to explanation of transferred
malice – Max 1
The great debate
• Should the main reason behind sentencing
be based on protecting the public or
rehabilitating the offender?
• HW - Continue this debate on teachingwithcrump