Syllabus 2021 Principles of Criminal Law PDF

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Syllabus for Principles of Criminal Law...

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PRINCIPLES OF CRIMINAL LAW – SYLLABUS UEA LAW SCHOOL 2020/21 Here is the syllabus for the Principles of Criminal Law module. We have divided it into five blocks, each corresponding to one of the seminars. The examination paper will be in two parts: - Part one contains four essay questions. You must answer one essay question; and - Part two contains two problem questions. You must answer one problem question. Each part is worth 50% of the total mark. We strongly advise you to look at past exam papers to get a feel for the sort of questions that we ask. You can find past exam papers for Principles of Criminal Law on Blackboard in the Assessment folder (you will see the exam papers from 2012 to last year, along with generic feedback that highlights the strengths and weaknesses of students’ answers). We also advise against ‘question-spotting’ (trying to predict what topics and questions will come up). We choose the essay topics at random. The problem questions are likely to contain a mixture of issues concerning possible offences and defences.

PART ONE OF THE EXAMINATION PAPER The essay questions will focus on four of the five detailed topic-studies that we examine in the module, one per seminar. The topics are: 1) The criminalisation of omissions, with a particular focus on whether individuals should be held criminally liable for failing to rescue someone who is need of help; 2) Unlawful act manslaughter, with particular reference to ‘one punch killers’; 3) Criminal liability for HIV transmission; Samantha Ryan reading 4) The meaning of dishonesty in English criminal law; Ghosh test 5) The scope of the defences available to a person who kills their abusive partner. Too generous/narrow? Part one of the examination paper will include questions on four of those topics.

PART TWO OF THE EXAMINATION PAPER Part two of the examination paper will contain two problem questions. These questions will set out fictional scenarios in which one or more people may have committed criminal offences. The problem questions could feature offences and defences from any part of the syllabus and any combination of those offences and defences. Some offences and defences may not feature at all in the problem questions. Your task is to analyse: - the offences that the person or people may have committed; and - whether s/he or they have any defences realistically available to them. 1

We expect you to come to a reasoned and informed judgement about the person or people’s criminal liability. BLOCK ONE: Criminalisation and the building blocks of criminal liability In this block, we focus on the principles of criminal law and the debate about criminalisation: what are the aims and functions of criminal law? The detailed topic study is the criminalisation of omissions, with a particular focus on the failure to help someone who is in need of assistance. Our focus is on applying the principles of criminal law to the questions about whether criminalisation of omissions is appropriate. When we refer to the ‘principles of criminal law’, there is no definite list of those principles. There are ongoing debates about what it means for the criminal law to be ‘principled’. We strongly advise you to read the two chapters in Andrew Ashworth’s The Principles of Criminal Law, both of which are available on Blackboard, in the Reading Room => ‘Seminar 1: Criminalisation and the Building Blocks of Criminal Liability’: -

Chapter 2, ‘Criminalisation’ Chapter 3, ‘Principles and Policies’

In the lectures for Block 1, Ian discussed many examples of the uses of criminal law. Ian used them to illustrate debates about how criminal law can and should be used. In seminars, we talked about the use of the criminal law generally, using a wide range of examples. In preparing for the exam, stay focused on the topic of whether ‘criminalisation of omissions’ is a principled use of the criminal law. The examples Ian used may help you to explore that topic, and other themes in criminal law, but you do not have to refer to them.

BLOCK TWO: Homicide and causation The detailed topic study for this block is ‘unlawful act manslaughter’, with particular reference to the criminalisation of ‘one punch killers’. Offences that we cover in the syllabus are: -

Murder; Unlawful act manslaughter; Gross negligence manslaughter;

We also examine the principles of causation, which is part of the syllabus. Causation is a broad topic. In terms of the syllabus, stay focused on when the ‘chain of causation’ will be broken, with particular reference to poor medical treatment and actions taken by the victim that may be supervening causes.

BLOCK THREE: Non-fatal offences against the person. The detailed topic-study for this block is criminal liability for disease transmission. The offences we cover in this block are the main non-fatal offences against the person: -

Common assault and battery; Assault occasioning actual bodily harm; Maliciously wounding or inflicting grievous bodily harm; 2

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Wounding or causing grievous bodily harm with ulterior intent; Attempted murder.

We also look at one sexual offence: rape. There are dozens of sexual offences in English law, but the syllabus includes only the offence of rape.

BLOCK FOUR: Property Offences. The detailed topic study for block four is English law’s definition of ‘dishonesty’. The offences we cover in this block are the main property offences in English law: -

Theft; Burglary; Robbery; Fraud by false representation; Criminal damage, including the defence of lawful excuse.

Note that we do not cover fraud by failing to disclose information or fraud by abuse of position.

BLOCK FIVE: Defences The detailed topic study for block five is the defences available to a person who kills their abusive partner. The defences we cover in this block are the main defences in English law: -

Self-defence and prevention of crime; Duress by threats (note that the syllabus does not include duress of circumstances or necessity); Voluntary and involuntary intoxication; Insanity and non-insane automatism; Special defences to murder: loss of control and diminished responsibility (note that the syllabus does not include the special defence under s. 4 of the Homicide Act 1957 of suicide pact)

The syllabus also includes the following topics, in outline only (meaning you do not need to know these in detail. You should be able to apply the relevant law in simple scenarios. In the exam you will not be expected to cover these topics in significant detail): -

Criminal attempts (under s. 1 of the Criminal Attempts Act 1981); Aiding, abetting, counselling or procuring the commission of offences (under s. 8 of the Accessories and Abettors Act 1861); Encouraging or assisting offences (under sections 44, 45 and 46 of the Serious Crime Act 2007); and Conspiracy (under s. 1 of the Criminal Law Act 1977).

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