a was present at the outset or throughout most of the events then it is deemed a coincidence. This was illustrated in R v Thabo-Meli where the D thought he had killed the victim but actually killed her when he tried to get rid of the body as he had the plan to kill from the outset the acts were treated as one transaction to kill.
Explain the meaning, using illustrations, of Strict liability
Discuss the criminal liability of D for shouting at the C
Discuss the criminal liability of D for kicking C
Discuss the criminal liability of D for hitting C and causing temporary unconsciousness
Discuss the criminal liability of D for punching C and causing a deep cut from his ring and a broken leg
Discuss the criminal liability of D for stabbing C with a knife twice
Outline the types of sentences the courts will consider in relation to….
Outline the factors the courts will take into account in relation to….
Outline the aims of sentencing
Explain the meaning of Bail and apply to ….
Outline the procedure the D will face prior to the trial (do it for triable either way)
What if it was an indictable or summary offence?
Outline the routes of appeal for each type of offence.
Explain the meaning of Duty of care
The modern law is laid out in Caparo v Dickman 1990 where the following needed to be proved:
That the harm was reasonably foreseeable to that type of person (this is effectively Lord Atkins’ neighbour principle from Donoghue v Stevenson where it was held that a manufacturer could foresee harm to a consumer by providing a defective product. This was also illustrated in Kent v Griffiths where it was reasonably foreseeable that further harm could occur to a patient by an ambulance crew if they did not turn up within a reasonable period of time.
There must be proximity between the parties meaning a relationship in time and/or space. This was not the case in Bourhill v Young where it was held that as the plaintiff did not see the accident then she had no relationship to it. Finally the court will consider whether it is fair, just and reasonable to impose a duty. This focuses on public policy and whether imposing a duty would benefit society or not in that it could be too costly for public services or prevent them from doing their jobs out of fear of being sued. For example Hill v West Yorkshire police where it was held that the police owe a duty to the general public and not specific individuals.
Explain the meaning of breach of duty
Lord Alderson in Blyth v Birmingham Waterworks described negligence as doing something the reasonable man would not do or failing to do something that the reasonable man would do. The reasonable man is held to have an ordinary level of skill and knowledge and this is the standard of care that must be met. However, if you are a professional then you have to display the level of skill and expertise of the profession you are holding yourself out to be (Bolam v Friern hospital). Learners are expected to meet the standard of a qualified person as illustrated in Nettleship v Weston (learner driver).
The judges look at the following factors in deciding if someone has not acted as a reasonable man: how risky was the activity? The higher the risk then the more precautions you need to take and the lower the risk then less precautions are needed, thus in Bolton v Stone it was held that erecting a fence was an adequate precaution given that the cricket ball had only been hit out of the ground 6 times in 25 years. However, if there is a low chance of the risk materialising but if it does then a high potential of serious injury then extra precautions should be taken as in Paris v Stepney where the employee had lost sight in one eye but was not supplied with goggles and ended up being blinded. The judges will also weigh up the cost of precautions and will not expect excessive costs to be taken although this will be according to the circumstances, thus in Latimer v AEC it was held that putting sawdust on the factory floor was an adequate precaution as otherwise the factory would have to close down. Other considerations are 