statutes

Question 1

s1 of the criminal damages act recklessness as defined by lord bingham in r v g

Answer 1

• a) a circumstance where he is aware that a risk exists or will exist
  
  • b) a result when he is aware of a risk that will occur and it is in the circumstances known to him unreasonable to take the risk
  • It will not be enough that they took an obvious and serious risk

Question 2

article 7 of the ECHR

Answer 2

no one shall be found guilty of any criminal offence on account of any act or omission which did not constitute as criminal under national or international law at the time when it was committed

Question 3

coroners and justice act 2009 - self defence requirements

Answer 3

subjective condition - d has partial defence to murder if he killed V as a result of the loss of self control

But also split the objective into 2 -

1) the loss of self control must have been caused by a) a fear of serious violence AND/OR by things done or said amounting to exceptionally grave circumstances, which caused d to have a justifiable sense of feeling wronged
2) A person with ordinary powers of tolerance and self restraint might have acted in the same or similar way

Question 4

s54 of coroners and justice act 2009

Answer 4

must have loss self control at the time of the killling
and
qualifying trigger
and
a person of sex and age with a normal degree of tolerance and self restraint would have reacted in the same way
subsection 2A - doesnt matter if this loss of self control was not sudden

Question 5

s55 - CAJA - 2009 - goes over qualifying trigger -

Answer 5

55 6c) the fact that a thing said or done constitutes as sexual infidelity is to be disregarded