Introduction to A level Law A typical law lesson
Introductions Names Current school One reason for being interested in studying Law
Mrs Murray-Smith
What might the footballer have done? Footballer guilty of assault. Sentenced to six months in prison.
Definitions of crimes Acts of Parliament Legal cases decided by judges in higher courts
ASSAULT Not defined in an Act Defined in cases-law reports
CASES Smith v Jones R v Smith Smith
Definition of assault Causing the victim to apprehend immediate unlawful personal violence Intentionally/recklessly
Assault cases-find out Smith Ireland Logdon Constanza Turberville v Savage Savage
Match the cases to the principle Turberville v Savage Victim does not need to know exactly what is going to happen next or when-they do need to fear something Savage Assault can be by words alone Smith v Woking Words can make it clear there is no assault Constanza A look can be an assault Logdon Assault can be deliberate/intentional or reckless Ireland Silence can be an assault if victim scared
Actus reus and mens rea Actus reus (AR) Mens rea (MR) The guilty act (the thing that is against the law-look at the victim) What is the AR of assault? The guilty mind ( look at the person charged/defendant) What is the MR of assault?
A typical exam question Aki ran towards Binh shouting abuse and threatening to beat him up. This frightened Binh. He roughly pushed Aki away. Aki fell over and banged his head. An hour later, Aki suffered a bad headache. His doctor briefly examined him and told him to come back later if he felt no better. Two months later, Aki collapsed and was taken to hospital. The hospital doctors found that Aki had brain damage as a result of the fall. Medical opinion was that Aki would not have had brain damage if doctors had treated him earlier. Binh had never before been in trouble with the police. He was horrified by what had happened to Aki.
Meet Ida
IDA-law is logical Identify Define Apply
Can you use IDA to answer question? I- x could be charged with assault D-assault is defined in case law as… A- I know the victim feared violence because…
Can you use IDA to answer question? The MR of assault was defined in Savage as meaning… I think that x has/has no intention because… Alternatively, x may have been reckless as he may have known the risk of scaring the victim and carried on
Have you decided? How will you decide? cms@lpgs.bromley.sch.uk Any questions? Have you decided? How will you decide? cms@lpgs.bromley.sch.uk