Introduction
This question asks to advise (character/character) on the result of their actions, taking into account any defences available to them. The law that needs to be discussed is contained in the common law as well as the Offences Against the Person Act 1861 (OAPA 1861) and the Criminal Justice Act 1988 (CJA 1988). A range of offences may need to be considered due to any unofficial plea bargaining that may go on between the parties.
Pick a character
Deal with the offences as they crop up
IDADA (Identify the offence, define AR, apply, define MR, apply)
Michelle
Michelle cut Samina’s hair – does that amount to a criminal offence? Common assault/ABH – what constitutes an offence – Legal authority. DPP – v Smith Offence of basic intent – significance of alcohol – DPP v Majewski.
What is the actus reus of the offence – explain – case- apply to Michelle.
What is the mens rea of the offence – explain – case – apply to Michelle.
Michelle hit Samina in the face – does that amount to an offence? Explain, case, apply.
Does Michelle have a defence? Explain, case, apply.
Michelle turns Louise. Threats – does this constitute an offence? Does it constitute S 20? R v Lewis. What is the actus reus and the mens rea for the offence? Explain, case, apply.
Zoe
Threatening Louise. Does that constitute an offence? Explain, case and apply.
Samina
Samina has taken a scissors and cut Michelle’s hand – does this constitute an offence? Could it amount to S.20? Wounding? What is the actus reus? Explain, case and apply,
What is the Mens Rea – explain, case and apply
Louise
Louise has spiked Samina’s drink – does this constitute an offence? Explain, case and apply.
Any defences available to them? Explain, case and apply.
