How to Answer Exam Questions for Criminal Law PDF

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How to Answer Exam Questions Essay style question:  Structure: o Introduction o Main section argument o Reference case and statutory authorities o Conclusion  Example: Discuss the importance of the decision in Finlayson v HM Advocate 1978 SLT 1 o Start with an outline of the case  Accused injected victim with illegal drugs  Victim taken to hospital and put on life support  Life support machine was eventually turned of  Is accused responsible for death- Novus Actus Interveniens o Explain the decision  The court held that Finlayson's argument was incorrect and unlawful.  Switching of life support machine did not break the chain of causation  It was not a novus actus interveniens. o Give an account of the ratio decendi  The court did not have the decide whether 'brain death' amount to death for the purposes of the law of homicide  Finlaysons actions both caused Wilsons brain to die and his heart to stop beating making him responsible for his death, so he was rightly charged with homicide. Scenario Question:  Read problem question carefully and be sure to address the question asked e.g. Is John liable for the culpable homicide of Paul?  Ensure you cover all the points raised in the question  Approaching a Scenario Question: o The same approach always been taken i.e 1. Identify the crime (actus reus and mens rea) citing statutory authority for a statutory ofence or case authority for a common law crime 2. Consider the 'evidence' presented- does it satisfy the criminal liability? 3. Relate knowledge and understanding of the law and legal interpretation to the facts to develop a persuasive argument 4. Conclusion o Introduction/Overview: 1. The elements of any crime are: Act + Intention - Defence 2. Actus reus is the harmful and blameworthy conduct- can be determined by actions, omissions etc 3. Mens rea is the intention or moral blameworthiness 4. Defence- partial or complete and the consequences of proving Citing case authority:  The case name is important  If using the case for the definition you do not need a long narrative describing the circumstances  Make reference to circumstances of a case is very relevant to a question...