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Synoptic Paper 2012
Miss Hart
2012-13
Starter:
What’s the case?
How many of these can you name… give key facts… and assign to one of the areas?
Tories are out to
get me (aren’t
they?)
Zzzz… Wack!
Kicking off over a
cup of tea?
Who’s mental: me
or the patient?
Mince pies can
make you (almost)
forget anything
Tumours don’t
make for good
dads. (Splash!)
The break up was
Hardie on me!
What a sneeze!
I don’t think
stockings suit
anyone’s neck
That defence will
suit me to a T.
Aura brown… bad
person.
Things not to say
when you’re
arrested?
I’m not insulinated
against sugar…
That’s a lowe thing
to do to your dad
A bottle of wine and a
video… that’s not the
ending I had in mind!
You’ve got to be
hard-hearted to do
that to your wife!
Even when snakes
aren’t on a plane it can
still be deadly!
Sexsomnia
So what’s this paper all about?
This paper is focused on pulling
your knowledge of AS and A2
together to evaluate, apply and
explore one area of the law.
You will have the synoptic booklet
in the exam.
The majority of the marks are
AO2
You must use the source booklet in
support of each of your arguments
or application.
It will be on the importance or significance of
one of these eight cases...
R v Quick 1973 QB 910
R v Sullivan 1984 AC 156
R v Hennessy 1989 1 WLR 287
M’Naughten 1843 All ER 229
R v Burgess 1991 2 QB 92
Bratty v Attorney-General for Northern Ireland 1963 AC 286 HL
R v Kemp 1957 1 QB 399
R v T 1990 Crim LR 256
15
minutes
Examiner’s Tip:
Identify the critical point of the case and link it to
two other points… how has the law developed
since? How did the case change the law?
Relating it at least one other significant case.
Question One
12 marks AO2 + 4 marks
AO1
What do you have to
do?
Identify what the critical point
of law from the case is (using the
source)
How far it confirms the prior
law
How far it changes the law
(with reference to at least one
other case).
Sample Question & Answer:
1. Explain the significance of R v Sullivan to the development of the law on insanity [16]
In Sullivan, the House of Lords confirmed that in
defining what was meant by a disease of the mind
under M’Naughten, the court should take into account
the chance that D’s condition would recur in violence
as this is what underpins the operation of insanity as a
defence (Source 2, lines 13-16).
The HL followed their earlier decision in Bratty, where
Lord Denning had held that even transient conditions
could amount to a disease of the mind, as long as the
mental disorder manifested itself in violence. For
Sullivan, that meant that despite his medical
condition being temporary – the result of a epileptic
fit – this was of no relevance to deciding whether D
had the defence of insanity open to him.
.
Sullivan, therefore, is significant as it provided a clear
test for the courts to differentiate between the
defences of insanity and automatism, based very
much on public policy rather than medical treatment.
This means that those who are medically ill may still
be classed as insane, which is confirmed by the
figures with two or three each year arguing insanity
on the basis of epilepsy.
In addition, the decision has meant that, like Sullivan
himself, some defendants will plead guilty to the
offence rather than have themselves labelled as
insane, and so be subject to the judges’ discretion in
sentencing. (Source 4, lines 8-9)
Sullivan has been criticised by the Law Commission
and the Courts in Australia, who argue that it should
be used more as guidance than as a strict rule of
interpretation. The 2012 scoping paper argues that the
reoccurrence in danger theory is a policy
distinction, rather than reflecting medical knowledge
or principles.
Evaluate the importance of Quick to the development of the law on insanity [16]
Section: Proposed Content
Importance of
the case:
Relationship to
prior cases
Relationship to
following
cases:
Conclusion on
‘importance’
Examiner’s Tip:
Focus on balance and
reason in your answer,
and make sure to
identify the point of the
question in your
introduction
You also need to be
accurate and precise in
your use of the source
material.
Time:
35 minutes
(technically)
around 50
Question Two
34 marks (16 AO2 + 14 AO1 + 4 AO3)
It will be a question on insanity or automatism, and will
use a quotation from one of the sources as a start. You
should start your response by putting this quote into
context: what is the source arguing? Why are they arguing
it?
You will need to look at what the law under the /Bratty is,
and the difficulties that the judges have had in clarifying
and interpreting this law.
Really you are looking at whether the development of the
law has been reasoned and consistent, or subject to
change.
The quote will identify a theme to focus on, and you
should be referring back to this throughout.
You will need to use a range of quotes from the source,
and add your own knowledge to the 8 cases in the source
(in other words look to use about 15+ cases)
Example Question:
AO1 Guidance:
Level 5
Responses are unlikely to achieve level 5 without wide ranging, accurate detailed knowledge with a clear
and confident understanding of relevant concepts and principles of the law in this area. This would
include wide ranging, developed explanations and wide ranging, developed definitions of this area of
law to include
statutory/common law provisions, where relevant.
Responses are unlikely to achieve level 5 without including 8 relevant cases of which 6 are developed*.
Responses are likely to use material both from within the pre-release materials (LTS) and from beyond
the pre-release materials which have a specific link to the area of law.”
Level 4
Responses are unlikely to achieve level 4 without good, well-developed knowledge with a clear
understanding of the relevant concepts and principles of the law in this area. This would include good
explanations and good definitions of this area of law to include statutory/common law provisions, where
relevant. Responses are unlikely to achieve level 4 without including 6 relevant cases, 4 of which will be
developed*.
AO2 Guidance:
Level 5
Responses are unlikely to achieve
level 5 without sophisticated
analytical evaluation of the
relevant areas of law, being very
focused on the quote and
providing a logical conclusion*
with some synoptic content.
Level 4
Responses are unlikely to achieve
level 4 without good analytical
evaluation of the relevant areas of
law and good focus on the quote.
Examiner’s Tip:
You should be able to
identify at least three
points of application plus a
case for each high for
marks
There will be at least one
critical point (this the bit
of law which jumps out at
you when you read the
question!) but you will
need to also identify at
least two other points.
Time:
25 minutes
Question Three
30 marks (10 AO1 + 20 AO2)
This will consist of three short problem questions
to which you need to identify the relevant aspects
of law, and then apply it to the situation coming to
a sensible conclusion.
Remember that most of the relevant definitions
will be the sources ...
I suggest that you tackle these first....
Example problem:
Remember: there’d be three in the real thing!
Your answer:
Precedent means...
Ratio decidendi....
Obiter dicta...
Material facts...
Can you identify any cases in this
area which you could use to
illustrate any of these rules?
The synoptic paper aims to bring together your AS and A2 learning.
Synoptic paper 2013
Starter:
Recalling your knowledge
All of you should be able to name most of the cases
Most of you should be able to assign them to either the mens rea or actus reus
of attempts
Some of you should be able to work out the facts of Jones using the picture...
What should an essay look like?
Task: Read the enclosed example and mark it...
Use your mock essay as a guide to gauge how to respond and
the levels.
Level AO1 Marks AO2 Marks
5 Wide-ranging, accurate, detailed knowledge with
a clear and confident understanding of the
relevant concepts and principles.
Candidates will be able to elaborate with wide
citation of relevant statutes and case law
21-25
Ability to identify correctly the relevant and important
points of criticism, showing good understanding of current
debate and proposals for reform, or to identify all of the
relevant points of law in issue.
A high level of ability to develop arguments and reach a
cogent, logical and well-informed conclusion.
17-20
4 Good, well-developed knowledge with a clear
understanding of the relevant concepts and
principles.
Candidates will be able to elaborate by good
citation to relevant statutes and case-law.
16-20 Ability to identify and analyse issues central to the question,
showing some understanding of current debate and
proposals for reform, or to identify most of the relevant
points of law in issue.
Ability to develop clear arguments and reach a sensible and
informed conclusion.
13-16
3 Adequate knowledge showing reasonable
understanding of the relevant concepts and
principles.
Candidates will be able to elaborate with some
citation of relevant statutes and case-law.
11-15 Ability to analyse most of the more obvious points central
to the question or to identify the main points of law in issue.
Ability to develop arguments and reach a conclusion.
9-12
2 Limited knowledge showing general
understanding of the relevant concepts and
principles.
There will be some elaboration of the principles,
and where appropriate with limited reference to
relevant statutes and case-law.
6-10 Ability to explain some of the more obvious points central
to the question or to identify some of the points of law in
issue.
A limited ability to produce arguments based on their
material but without a clear focus or conclusion.
5-8
1 Very limited knowledge of the basic concepts
and principles.
There will be limited points of detail, but
accurate citation of relevant statutes and case-
law will not be expected.
1-5 Ability to explain at least one of the simpler points central
to the question or to identify at least one of the points of law
in issue.
The approach may be uncritical and/or unselective.
1-4
All of you
should be
able to name
the key cases
Most of you
should be
able to
explain the
importance
of the cases
Some of you
should be
able to
determine
which is the
odd one out
and why.
Source Three: R v Burgess
Got it?
Check your understanding
by completing the sheet*
*No handouts!
Can you find the following
information?
One of the keys to this paper is knowing where you can find the information you need.
1. Where will you find the definition of automatism?
2. Where will you find the facts of Burgess?
3. Where will you find reference to the recent reforms
to the law on disposals?
4. Which two sources discuss the meaning of ‘disease
of the mind’?
5. Where will you find the role of the judge in
determining whether D can plead mental disorder?
Source 5, Line 6-9
Source 3, Line 1-3
Source 4, lines 19-23
Source 2, line 16
Source 1; Source 3
Source 3, lines 7-11;
Source 6, lines 1-6
How do we decide which defence it is?
Complete the flow diagram to outline the operation of the defence.
Aiming for the top?
Link these to the sources!
Applying that flow chart:
Answering Question 3
3. Discuss whether a defence of insanity or automatism is most likely in each of the following situations.
James suffers from hardening of the arteries, which causes him to blackout sometimes. He is
driving home from work one day when he blacks out and hits Anton, who is cycling along,
breaking his leg.
According to the case of M’Naughten, James will be presumed sane, but can argue insanity on
balance of probabilities (source 5, lines 17-19) if he was suffering from defect of reason caused by
disease of the mind, such that he either doesn’t know it’s wrong or he doesn’t know the nature and
quality of what he is doing. By blacking out, James is clearly suffering a a complete absence of
“reasoning power” (Source 2, line 24) which would be sufficient for a defect of reason.
reason.
However, it is the cause which is central to his defence. Although it is a physical disease, it is
disease, it is similar to the case of Kemp, where D was found guilty but insane regarding the attack
regarding the attack on his wife, even though he was suffering a physical disease rather than a
rather than a brain disorder. The law has made it clear that the definition is “a legal, not a medical
legal, not a medical one” (Source 2, line 18) . This means the fact that there is a “danger of
“danger of recurrance” and it is caused by an internal factor are key. As he has blacked out
blacked out before, he would appear to meet the Sullivan criteria, and the hardening is clearly and
hardening is clearly and internal cause affecting his ordinary faculties of reasoning.
reasoning.
Although, if James knows that he is likely to black out and chose to drive, this may be enough for
may be enough for recklessness in the law and so, deny him as defence as he would have the
would have the mens rea necessary.
In conclusion, he is most likely to argue insanity to the attack on Anton and succeed, which means
succeed, which means he will be subject to the disposals open to the court (Source 4, lines 20-
(Source 4, lines 20-23).
Now you apply it!
Susan has suffered from sleepwalking all her life. It is normally brought on by stress and
worry. One night, following a particularly difficult time at work, she sleepwalks into her
sister’s room and cuts her sisters throat, thinking that she is cutting bread for a sandwich.
Introduction: Links to
sources:
Linked case(s):
First Point:
Second Point
Third point
and
conclusion:
Synoptic paper 2013
Source Four
Question
Why do you think a defendant would have
preferred to plead guilty than NGRI before
the reforms?
What do Quick, Hennessey and Sullivan have
in common?
Which of the three cases is the odd one out
and why?
What difference have the recent reforms
made?
What difference did the recent reforms fail to
make?
What happens as the result of a special
verdict?
Can you fill out some valuable AO2?
Can you explain the argument,
and then use the source to
support it?
Help with Question 2
Can you develop your explanation of the key terms?
Help with Question 2
Hospital Order Absolute Discharge
Supervision Order
Can you build on critical statements and develop
your understanding?
Help with Question 2
Butler Committee 1975
‘not guilty on
evidence of mental
disorder.’
Would this address the problems
identified in the sources?
Starter...
Time for a lollipop challenge*!
*this will help you with question one!
How much have you understood?
One the cards you have the eight key cases (and remember
one of them will be question 1!)
Can you sort them out?
Lollipop-spectacular?
Match them with your
brains!
Sticker-satisfactory?
Use the sources or
your notes
Too easy?
Can you link to the
sources to support the
answer (without
looking at them!)?
Examine whether the precedent in R v Burgess [Source 3] lead to justice or injustice.
Section Content?
Identify the relevant
facts, and the critical
point of the law (using
the source)
The Court of Appeal upheld D’s conviction for s.18 GBH holding that the sleepwalking was a disease of the
mind for the purposes of the M’Naughten rules (Source 3, line33-36), and therefore amounted to insanity in
the law. D had wanted to argue that due to his sleep walking he was acting either automatistically or with
no mens rea and so was not liable.
How far does this
confirm the existing
law?
Critical point 2
This conclusion may be unfair to D, as previous obiter from the House of Lords in Bratty (Source 5, line 9)
appeared to make it clear that the judges viewed sleepwalking as a “self – evident” example of automatism.
However, The Court of Appeal followed the precedent of Quick in determining that for automatism the
problem must be caused by an external problem and here the cause was internal (the sleep disorder). They
also cast some doubt on Lord Denning’s “prone to recur in violence” test, as they make it clear that is one
consideration, but not the only consideration in determining whether a condition will be classed as insanity
or automatism in the law (Source 3, lines 31-35).
How far it changes or
develops the law
Critical point 3
This approach to the law has been followed by the lower courts in the case of Lowe, who plead NGRI to the
murder of his father on the basis of sleepwalking. However, the courts, both lower down the hierarchy, and
in other countries have taken a different approach. In Parks, the Canadian Courts held that sleepwalking
was in fact automatistic, as in this case the proximate courses were work anxieties, stress and depression
which were outside issues. In addition, where there is evidence that D’s condition may have been caused by
an external condition, then automatism can be left to the jury, as has happened in a number of first instance
sexsomnia cases such as Ecott. This means that there appear to be two separate approaches by the courts
to the same issue, depending on the cause which might be unfair to D.
Conclusion: refer back
to the language of the
question. Was it a ‘fair
development’
Burgess, therefore, is significant as it confirms that if D is suffering from sleepwalking at the time of the
incident, his only recourse is to plead NGRI under M’Naughten. It also confirms that in determining whether
a disorder is automatistic or a disease of the mind the internal/external division is key, although this may
lead to unfairness for some defendants.
Answering Question 1: An Example
Can you create your own answer?
Briefly explain the importance of T [Source 6, lines 24-26] to the
development of the law on automatism.
1. Use the cards and the sources to help you... There
will be information in the ‘surrounding’ sources to
help.
2. Plan out the four sections, and ensure that you have
a clear linked case which you can explain, and a link
to the source.
Critical point of
case & outcome
Linked Case
and source
links
Confriming
existing law
Development
since
Overall
summation
Now... write it up!
If you’ve got it...
You should be able to mark it!
This is the official mark scheme.
Take care – general statements receive no marks.
Critical Point:
TJ allowed automatism to go
in front of the jury on the
basis of external factor of
rape
Applied Point:
Extends the range of external
causes available to someone
pleading automatism
Applied Point:
Seems to allow a ‘partial’ loss
of control to be allowed. Applied Point:
Medical evidence key in
determining the defence
Applied Point:
Narborough limits scope of
the case
Applied Point:
Importance of jury in
determining automatism,
even where there is some
evidence.
Applied Point:
Illustrates the problems of
the internal and external –
start as one and end up as
the other..
Synoptic paper 2013
Got the source?
Can you find the following information?
1. Where will you find the consequences of pleading
automatism?
2. Where is the stigma debate referred to?
3. Where is Lipman referred to?
4. Where will you find a list of automatistic causes?
5. Where will you find the reason behind having
insanity as a defence?
Synoptic paper 2013
So, last but by no means least...
How do you write an essay?
Well, the short answer is you do it
exactly like the other paper (almost!)
Section Content Links to the
Sources?
Introduction Put the quote into context What is the quote
saying, what was the
argument of the
sources?
Main (1) Definition, origins, reasons for introducing &
justification. What is the current law and why?
Insanity – 1,2,3
Automatism 5
Main (2) Requirements of the defence – discuss each
element separately looking at the overall
consistency of the courts.
Insanity – 1, 2, 3
Automatism – 1,5, 6
Main (3) Consequences & their impact. Insanity - 2,4
Automatism – 2,5
Main (4) Reforms and alternatives e.g. Law
Commission; Butler; DR etc.
Source 4, 6
Conclusion Go back to the quote and make a summative
comment on it
You all have a copy of the essay plan, and the sources...
Can you put a level four plan together?
Aim to achieve this
level
Stretch yourself &
include an
element of level 5
Ensure you are
confidently able to
do this...
Revision:
Times and Help
1. Take one of each of the revision
handouts, which contain past
papers, questions, plans etc.
2. Perhaps focus a little more on these for the
big paper essays – duress & necessity;
omissions; causation; attempts;
intoxication.
Topics unlikely to be essays: insanity &
automatism; involuntary manslaughter;
strict liability; self defence
3. Revision times:
hartm@queensburyacademy.com
queensburylaw@hotmail.co.uk

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Synoptic paper 2013

  • 2. Starter: What’s the case? How many of these can you name… give key facts… and assign to one of the areas? Tories are out to get me (aren’t they?) Zzzz… Wack! Kicking off over a cup of tea? Who’s mental: me or the patient? Mince pies can make you (almost) forget anything Tumours don’t make for good dads. (Splash!) The break up was Hardie on me! What a sneeze! I don’t think stockings suit anyone’s neck That defence will suit me to a T. Aura brown… bad person. Things not to say when you’re arrested? I’m not insulinated against sugar… That’s a lowe thing to do to your dad A bottle of wine and a video… that’s not the ending I had in mind! You’ve got to be hard-hearted to do that to your wife! Even when snakes aren’t on a plane it can still be deadly! Sexsomnia
  • 3. So what’s this paper all about? This paper is focused on pulling your knowledge of AS and A2 together to evaluate, apply and explore one area of the law. You will have the synoptic booklet in the exam. The majority of the marks are AO2 You must use the source booklet in support of each of your arguments or application.
  • 4. It will be on the importance or significance of one of these eight cases... R v Quick 1973 QB 910 R v Sullivan 1984 AC 156 R v Hennessy 1989 1 WLR 287 M’Naughten 1843 All ER 229 R v Burgess 1991 2 QB 92 Bratty v Attorney-General for Northern Ireland 1963 AC 286 HL R v Kemp 1957 1 QB 399 R v T 1990 Crim LR 256 15 minutes Examiner’s Tip: Identify the critical point of the case and link it to two other points… how has the law developed since? How did the case change the law? Relating it at least one other significant case. Question One 12 marks AO2 + 4 marks AO1 What do you have to do? Identify what the critical point of law from the case is (using the source) How far it confirms the prior law How far it changes the law (with reference to at least one other case).
  • 5. Sample Question & Answer: 1. Explain the significance of R v Sullivan to the development of the law on insanity [16] In Sullivan, the House of Lords confirmed that in defining what was meant by a disease of the mind under M’Naughten, the court should take into account the chance that D’s condition would recur in violence as this is what underpins the operation of insanity as a defence (Source 2, lines 13-16). The HL followed their earlier decision in Bratty, where Lord Denning had held that even transient conditions could amount to a disease of the mind, as long as the mental disorder manifested itself in violence. For Sullivan, that meant that despite his medical condition being temporary – the result of a epileptic fit – this was of no relevance to deciding whether D had the defence of insanity open to him. . Sullivan, therefore, is significant as it provided a clear test for the courts to differentiate between the defences of insanity and automatism, based very much on public policy rather than medical treatment. This means that those who are medically ill may still be classed as insane, which is confirmed by the figures with two or three each year arguing insanity on the basis of epilepsy. In addition, the decision has meant that, like Sullivan himself, some defendants will plead guilty to the offence rather than have themselves labelled as insane, and so be subject to the judges’ discretion in sentencing. (Source 4, lines 8-9) Sullivan has been criticised by the Law Commission and the Courts in Australia, who argue that it should be used more as guidance than as a strict rule of interpretation. The 2012 scoping paper argues that the reoccurrence in danger theory is a policy distinction, rather than reflecting medical knowledge or principles.
  • 6. Evaluate the importance of Quick to the development of the law on insanity [16] Section: Proposed Content Importance of the case: Relationship to prior cases Relationship to following cases: Conclusion on ‘importance’
  • 7. Examiner’s Tip: Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction You also need to be accurate and precise in your use of the source material. Time: 35 minutes (technically) around 50 Question Two 34 marks (16 AO2 + 14 AO1 + 4 AO3) It will be a question on insanity or automatism, and will use a quotation from one of the sources as a start. You should start your response by putting this quote into context: what is the source arguing? Why are they arguing it? You will need to look at what the law under the /Bratty is, and the difficulties that the judges have had in clarifying and interpreting this law. Really you are looking at whether the development of the law has been reasoned and consistent, or subject to change. The quote will identify a theme to focus on, and you should be referring back to this throughout. You will need to use a range of quotes from the source, and add your own knowledge to the 8 cases in the source (in other words look to use about 15+ cases)
  • 8. Example Question: AO1 Guidance: Level 5 Responses are unlikely to achieve level 5 without wide ranging, accurate detailed knowledge with a clear and confident understanding of relevant concepts and principles of the law in this area. This would include wide ranging, developed explanations and wide ranging, developed definitions of this area of law to include statutory/common law provisions, where relevant. Responses are unlikely to achieve level 5 without including 8 relevant cases of which 6 are developed*. Responses are likely to use material both from within the pre-release materials (LTS) and from beyond the pre-release materials which have a specific link to the area of law.” Level 4 Responses are unlikely to achieve level 4 without good, well-developed knowledge with a clear understanding of the relevant concepts and principles of the law in this area. This would include good explanations and good definitions of this area of law to include statutory/common law provisions, where relevant. Responses are unlikely to achieve level 4 without including 6 relevant cases, 4 of which will be developed*. AO2 Guidance: Level 5 Responses are unlikely to achieve level 5 without sophisticated analytical evaluation of the relevant areas of law, being very focused on the quote and providing a logical conclusion* with some synoptic content. Level 4 Responses are unlikely to achieve level 4 without good analytical evaluation of the relevant areas of law and good focus on the quote.
  • 9. Examiner’s Tip: You should be able to identify at least three points of application plus a case for each high for marks There will be at least one critical point (this the bit of law which jumps out at you when you read the question!) but you will need to also identify at least two other points. Time: 25 minutes Question Three 30 marks (10 AO1 + 20 AO2) This will consist of three short problem questions to which you need to identify the relevant aspects of law, and then apply it to the situation coming to a sensible conclusion. Remember that most of the relevant definitions will be the sources ... I suggest that you tackle these first....
  • 10. Example problem: Remember: there’d be three in the real thing! Your answer:
  • 11. Precedent means... Ratio decidendi.... Obiter dicta... Material facts... Can you identify any cases in this area which you could use to illustrate any of these rules? The synoptic paper aims to bring together your AS and A2 learning.
  • 13. Starter: Recalling your knowledge All of you should be able to name most of the cases Most of you should be able to assign them to either the mens rea or actus reus of attempts Some of you should be able to work out the facts of Jones using the picture...
  • 14. What should an essay look like? Task: Read the enclosed example and mark it... Use your mock essay as a guide to gauge how to respond and the levels.
  • 15. Level AO1 Marks AO2 Marks 5 Wide-ranging, accurate, detailed knowledge with a clear and confident understanding of the relevant concepts and principles. Candidates will be able to elaborate with wide citation of relevant statutes and case law 21-25 Ability to identify correctly the relevant and important points of criticism, showing good understanding of current debate and proposals for reform, or to identify all of the relevant points of law in issue. A high level of ability to develop arguments and reach a cogent, logical and well-informed conclusion. 17-20 4 Good, well-developed knowledge with a clear understanding of the relevant concepts and principles. Candidates will be able to elaborate by good citation to relevant statutes and case-law. 16-20 Ability to identify and analyse issues central to the question, showing some understanding of current debate and proposals for reform, or to identify most of the relevant points of law in issue. Ability to develop clear arguments and reach a sensible and informed conclusion. 13-16 3 Adequate knowledge showing reasonable understanding of the relevant concepts and principles. Candidates will be able to elaborate with some citation of relevant statutes and case-law. 11-15 Ability to analyse most of the more obvious points central to the question or to identify the main points of law in issue. Ability to develop arguments and reach a conclusion. 9-12 2 Limited knowledge showing general understanding of the relevant concepts and principles. There will be some elaboration of the principles, and where appropriate with limited reference to relevant statutes and case-law. 6-10 Ability to explain some of the more obvious points central to the question or to identify some of the points of law in issue. A limited ability to produce arguments based on their material but without a clear focus or conclusion. 5-8 1 Very limited knowledge of the basic concepts and principles. There will be limited points of detail, but accurate citation of relevant statutes and case- law will not be expected. 1-5 Ability to explain at least one of the simpler points central to the question or to identify at least one of the points of law in issue. The approach may be uncritical and/or unselective. 1-4
  • 16. All of you should be able to name the key cases Most of you should be able to explain the importance of the cases Some of you should be able to determine which is the odd one out and why.
  • 17. Source Three: R v Burgess
  • 18. Got it? Check your understanding by completing the sheet* *No handouts!
  • 19. Can you find the following information? One of the keys to this paper is knowing where you can find the information you need. 1. Where will you find the definition of automatism? 2. Where will you find the facts of Burgess? 3. Where will you find reference to the recent reforms to the law on disposals? 4. Which two sources discuss the meaning of ‘disease of the mind’? 5. Where will you find the role of the judge in determining whether D can plead mental disorder? Source 5, Line 6-9 Source 3, Line 1-3 Source 4, lines 19-23 Source 2, line 16 Source 1; Source 3 Source 3, lines 7-11; Source 6, lines 1-6
  • 20. How do we decide which defence it is? Complete the flow diagram to outline the operation of the defence. Aiming for the top? Link these to the sources!
  • 21. Applying that flow chart: Answering Question 3 3. Discuss whether a defence of insanity or automatism is most likely in each of the following situations. James suffers from hardening of the arteries, which causes him to blackout sometimes. He is driving home from work one day when he blacks out and hits Anton, who is cycling along, breaking his leg. According to the case of M’Naughten, James will be presumed sane, but can argue insanity on balance of probabilities (source 5, lines 17-19) if he was suffering from defect of reason caused by disease of the mind, such that he either doesn’t know it’s wrong or he doesn’t know the nature and quality of what he is doing. By blacking out, James is clearly suffering a a complete absence of “reasoning power” (Source 2, line 24) which would be sufficient for a defect of reason. reason. However, it is the cause which is central to his defence. Although it is a physical disease, it is disease, it is similar to the case of Kemp, where D was found guilty but insane regarding the attack regarding the attack on his wife, even though he was suffering a physical disease rather than a rather than a brain disorder. The law has made it clear that the definition is “a legal, not a medical legal, not a medical one” (Source 2, line 18) . This means the fact that there is a “danger of “danger of recurrance” and it is caused by an internal factor are key. As he has blacked out blacked out before, he would appear to meet the Sullivan criteria, and the hardening is clearly and hardening is clearly and internal cause affecting his ordinary faculties of reasoning. reasoning. Although, if James knows that he is likely to black out and chose to drive, this may be enough for may be enough for recklessness in the law and so, deny him as defence as he would have the would have the mens rea necessary. In conclusion, he is most likely to argue insanity to the attack on Anton and succeed, which means succeed, which means he will be subject to the disposals open to the court (Source 4, lines 20- (Source 4, lines 20-23).
  • 22. Now you apply it! Susan has suffered from sleepwalking all her life. It is normally brought on by stress and worry. One night, following a particularly difficult time at work, she sleepwalks into her sister’s room and cuts her sisters throat, thinking that she is cutting bread for a sandwich. Introduction: Links to sources: Linked case(s): First Point: Second Point Third point and conclusion:
  • 24. Source Four Question Why do you think a defendant would have preferred to plead guilty than NGRI before the reforms? What do Quick, Hennessey and Sullivan have in common? Which of the three cases is the odd one out and why? What difference have the recent reforms made? What difference did the recent reforms fail to make? What happens as the result of a special verdict? Can you fill out some valuable AO2? Can you explain the argument, and then use the source to support it? Help with Question 2 Can you develop your explanation of the key terms? Help with Question 2 Hospital Order Absolute Discharge Supervision Order Can you build on critical statements and develop your understanding? Help with Question 2 Butler Committee 1975 ‘not guilty on evidence of mental disorder.’ Would this address the problems identified in the sources?
  • 25. Starter... Time for a lollipop challenge*! *this will help you with question one! How much have you understood? One the cards you have the eight key cases (and remember one of them will be question 1!) Can you sort them out? Lollipop-spectacular? Match them with your brains! Sticker-satisfactory? Use the sources or your notes Too easy? Can you link to the sources to support the answer (without looking at them!)?
  • 26. Examine whether the precedent in R v Burgess [Source 3] lead to justice or injustice. Section Content? Identify the relevant facts, and the critical point of the law (using the source) The Court of Appeal upheld D’s conviction for s.18 GBH holding that the sleepwalking was a disease of the mind for the purposes of the M’Naughten rules (Source 3, line33-36), and therefore amounted to insanity in the law. D had wanted to argue that due to his sleep walking he was acting either automatistically or with no mens rea and so was not liable. How far does this confirm the existing law? Critical point 2 This conclusion may be unfair to D, as previous obiter from the House of Lords in Bratty (Source 5, line 9) appeared to make it clear that the judges viewed sleepwalking as a “self – evident” example of automatism. However, The Court of Appeal followed the precedent of Quick in determining that for automatism the problem must be caused by an external problem and here the cause was internal (the sleep disorder). They also cast some doubt on Lord Denning’s “prone to recur in violence” test, as they make it clear that is one consideration, but not the only consideration in determining whether a condition will be classed as insanity or automatism in the law (Source 3, lines 31-35). How far it changes or develops the law Critical point 3 This approach to the law has been followed by the lower courts in the case of Lowe, who plead NGRI to the murder of his father on the basis of sleepwalking. However, the courts, both lower down the hierarchy, and in other countries have taken a different approach. In Parks, the Canadian Courts held that sleepwalking was in fact automatistic, as in this case the proximate courses were work anxieties, stress and depression which were outside issues. In addition, where there is evidence that D’s condition may have been caused by an external condition, then automatism can be left to the jury, as has happened in a number of first instance sexsomnia cases such as Ecott. This means that there appear to be two separate approaches by the courts to the same issue, depending on the cause which might be unfair to D. Conclusion: refer back to the language of the question. Was it a ‘fair development’ Burgess, therefore, is significant as it confirms that if D is suffering from sleepwalking at the time of the incident, his only recourse is to plead NGRI under M’Naughten. It also confirms that in determining whether a disorder is automatistic or a disease of the mind the internal/external division is key, although this may lead to unfairness for some defendants. Answering Question 1: An Example
  • 27. Can you create your own answer? Briefly explain the importance of T [Source 6, lines 24-26] to the development of the law on automatism. 1. Use the cards and the sources to help you... There will be information in the ‘surrounding’ sources to help. 2. Plan out the four sections, and ensure that you have a clear linked case which you can explain, and a link to the source. Critical point of case & outcome Linked Case and source links Confriming existing law Development since Overall summation Now... write it up!
  • 28. If you’ve got it... You should be able to mark it! This is the official mark scheme. Take care – general statements receive no marks. Critical Point: TJ allowed automatism to go in front of the jury on the basis of external factor of rape Applied Point: Extends the range of external causes available to someone pleading automatism Applied Point: Seems to allow a ‘partial’ loss of control to be allowed. Applied Point: Medical evidence key in determining the defence Applied Point: Narborough limits scope of the case Applied Point: Importance of jury in determining automatism, even where there is some evidence. Applied Point: Illustrates the problems of the internal and external – start as one and end up as the other..
  • 31. Can you find the following information? 1. Where will you find the consequences of pleading automatism? 2. Where is the stigma debate referred to? 3. Where is Lipman referred to? 4. Where will you find a list of automatistic causes? 5. Where will you find the reason behind having insanity as a defence?
  • 33. So, last but by no means least... How do you write an essay? Well, the short answer is you do it exactly like the other paper (almost!) Section Content Links to the Sources? Introduction Put the quote into context What is the quote saying, what was the argument of the sources? Main (1) Definition, origins, reasons for introducing & justification. What is the current law and why? Insanity – 1,2,3 Automatism 5 Main (2) Requirements of the defence – discuss each element separately looking at the overall consistency of the courts. Insanity – 1, 2, 3 Automatism – 1,5, 6 Main (3) Consequences & their impact. Insanity - 2,4 Automatism – 2,5 Main (4) Reforms and alternatives e.g. Law Commission; Butler; DR etc. Source 4, 6 Conclusion Go back to the quote and make a summative comment on it
  • 34. You all have a copy of the essay plan, and the sources... Can you put a level four plan together? Aim to achieve this level Stretch yourself & include an element of level 5 Ensure you are confidently able to do this...
  • 35. Revision: Times and Help 1. Take one of each of the revision handouts, which contain past papers, questions, plans etc. 2. Perhaps focus a little more on these for the big paper essays – duress & necessity; omissions; causation; attempts; intoxication. Topics unlikely to be essays: insanity & automatism; involuntary manslaughter; strict liability; self defence 3. Revision times: hartm@queensburyacademy.com queensburylaw@hotmail.co.uk