Mock Revision Flashcards
(6 cards)
Adv judiciary independence
1- can make unpopular decision without being dismissed (security of tenure)
2- politically neutral (fixed salaries)
3- ensure law applies equally (protects citizens from unlawful acts by state)
4- chosen by an independent body
UAM
Common law offense
D : an unlawful killing where the d does not have the intention to kill or cause GBH
Elements :
1) unlawful act
- act not omission (R v Lowe)
- any criminal offense will suffice (R v lamb)
2) must be dangerous
- objective test (r v church) “all sober and reasonable people must realise some risk of harm”
- doesn’t need to be directed at v or any person (R v goodfellow)
-need only be some risk not serious harm (r v larkin)
3) causation rules
4) MR for unlawful act
Burglary
Theft act 1968 S.9
D: enter any building or part of a gilding as a trespasser with the intent to steal, commit GBH or cause criminal damage
Elements
1) entry
- must be effective (R v Ryan)
2)building / part of
- permanent or semi permanent structure (Steven’s v gourley)
3) as a trespasser
- without permission or exceeding permission
4) intent on point of entry
GBH S.20
Oapa 1861 s.20
D: unlawfully and maliciously wounding or inflicting serious bodily harm on v, either with or without a weapon
Elements
1) wounding
- a break in both layers of skin
(JCC v Eisenhower)
2) GBH
- means “really serious harm” (DPP v Smith)
- broken bones , permanent psychiatric harm
(R v burstow) mental injury = gbh
3) men’s rea
- intention or recklessness as to some harm
- (r v parmenter) d musta atleast foresee some harm
Intoxication defense
Partial defense
D : when a person knowingly and willingly consumes drugs or alcohol
Elements
Only a defense to SPECIFIC
1) voluntary or involuntary
(R v beard) d can use the defense if they are so intoxicated they are unable to form the necessary mens rea
2)if voluntary
Basic or specific intent
-Basic (r v majewski) recklessness
- getting runs is considered reckless so VOLUNTARY ISNT A DEFENSE FOR BASIC
-Specific (r v Sheehan and Moore) intent and NO RECKLESSNESS
Describe the role of an employment tribunal
Specialist courts that deal with disputes between employees and employers
1) specialist decision making body (employment law eg. Unfair dismissal, redundancy pay, discrimination claims)
2) panel based system (one legally qualified judge , 2 lay people , ensure law followed and bring practical workplace understanding)
3) less formal than court, focus on accessibility (less intimidating, allow to represent selves, supports access to justice for employees who can’t afford legal rep)
