A2-E1 - Mini-Mock Examination of 45 minutes.

Answer just one of the below questions.

Use continuous prose – Do not use bullet points.

OCR Examination Board [2571]

Q1 - Critically consider the circumstances in which the imposition of strict liability is justified in criminal law [50 marks].

• Plan an answer to the question (use sub-headings in your essay).
• Establish an essay structure. Remember this is a 45 minute essay - so depth and analysis is essential.
• In your introduction explain how you intend to answer the question.
• Within each Sub-heading discuss and explain the issues – try to give examples and opinions.
• Try to relate arguments/discussion back to the essay title.
• Possible approach: Define the concept of strict liability - demonstrate knowledge of relevant principles. Identify the statutory nature and recognise the summary nature of the offence. Elaborate examples by reference to a number of cases (Alphacell, Smedleys, Shah, Blake, James & Son etc). Demonstrate analysis!
• Try to give an overview. Criticise the potential unfairness arising from a willingness to dispense with a guilty mind (Callow, Storkwain). Consider injustices and comment on the benefits of protecting society and some of the social benefits.
• Give a brief overriding conclusion and relate back to the words in the title.

Q2 - The meaning of intention in criminal law has now been clearly settled by decisions of the courts and there is no longer any need for Parliament to legislate upon this matter.

Critically consider whether you agree with this statement [50 marks].

• Plan an answer to the question (use sub-headings in your essay).
• Establish an essay structure. Remember this is a 45 minute essay - so depth and analysis is essential.
• In your introduction explain how you intend to answer the question.
• Within each Sub-heading discuss and explain the issues – try to give examples and opinions.
• Try to relate arguments/discussion back to the essay title.
• Possible approach: Define the concept of intent (direct - oblique and or recklessness) - demonstrate knowledge of relevant principles and explain/decide if you are going to consider all elements in depth or just some. Refer to key cases (you could explain intent by relating it to murder. Some key cases: Smith, s8 CJA 1967, Moloney, Hancock, Nedrick, Woolin, Matthews & Alleyne). Analysis of the cases is crucial!
• Try to give an overview.
• Give a brief overriding conclusion and relate back to the words in the title.

General Advice: Plan your answer and make sure that you answer the question (do not simply write about the subject). Demonstrate that you are answering the exam question by continually relating back to the essay title. Remember the marks are in the discussion – explain your thinking. Brief answers are inadequate and get low marks! Use ALL of the allocated forty-five minutes sensibly.