Evaluation:

How well are you doing and what can you do to improve your brilliance?

Look at the comments on your essays:

What have you done well?

What could you improve?

You are going to pick one thing to

improve on in your next essay

Warning: if you achieve a P for your

essays or tests,, you will have to rewrite

them.

Your progress is in relation

to your ALPS score.

Green – above ALPS

Amber – on ALPS

Red – below ALPS

...and these notes will give

you some pointers on

where to go from here!

What are you aiming

to achieve in A2 Law

this year?

Mark Boundaries for DRAG tests:

A 24B 21C 18D 15P 12

You should complete the sections

in orange.

Please ask if you are not sure

about anything.

Homework

Write up your response to the

Attempts essay we completed in

class, aiming to improve your

attainment by one level in both

AO1 and AO2

Due: 25th October 2013

Provocation: Is old law bad law?

Where on a charge of murder there is evidence on

which the jury can find that the person charged was

provoked (whether by things done or by things said or

by both together) to lose his self-control, the question

whether the provocation was enough to make a

reasonable man do as he did shall be left to be

determined by the jury; and in determining that

question the jury shall take into account everything

both done and said according to the effect which, in

their opinion, it would have on a reasonable man, with

those characteristics.

s.3 Homicide Act 1957

Starter:

What do you think? Who is deserving of a partial defence?

D, who is a glue sniffer, is

taunted about being a

glue sniffer, and stabs V

multiple times, killing

him.

D is terrified of V, who has been

bullying him, and plots to scare

him off. However, it goes wrong

and D kills him.

D is raped by V, who taunts him about it and laughs. D

hits him over the head, killing him. D is impotent and is taunted and kicked by V, a prostitute,

about it. He responds by killing her.

D’s girlfriend is raped by V. who taunts him, saying she

wanted to sleep with him. D kills him

D kills his ex-girlfriend over

her friendships with other

men. He is very jealous.

D discovers his brother is being sexually abused by his father. He

and his brother equip themselves and kill the father.

D , who is quite young,

has a 17 day old baby

who cries all night. D kills

him.

D’s wife nags him over

the way he cuts the

meat. He strangles and

kills her.

D, whose boyfriend is

her pimp and has

joked about gang

raping her earlier that

evening, then taunts

her for not even being

able to kill herself

properly. D stabs him.

All of you will be able to decide who should

be liable for murder, and who for

manslaughter.

Most of you should be able to explain why

Some of you will be able to look at the

manslaughter cases, and draw out three

general rules.

Task:

Working out the essentials

Each pair or three has one of the main three elements to look at.

You are going to produce a visual A3 summary and a short presentation outlining

the key issues affecting your area of provocation.

Each group must produce (E):A clear definition (how has the court interpreted that area?)

Two images related to your area.

Three basic pieces of information about the area e.g. Type of things covered; key rule(s) covering

the area; exclusions; one problem; one key case etc.

Each group should also include (C):Four linked cases (at least one of which should be controversial!)

One pun or joke related to your area

Each group could also include (A):Two questions to consider. (These could be problems, issues or criticisms with your area)

A scenario question which highlights the issues in your area.

Introduction:

Did the old law work?Before we look at the current law, we need to look at why it needed to change...

And then afterwards we can look at whether the changes were worth it!

Where on a charge of murder there is evidence on

which the jury can find that the person charged was

provoked (whether by things done or by things said or

by both together) to lose his self-control, the question

whether the provocation was enough to make a

reasonable man, with the characteristics of D, do as he

did shall be left to be determined by the jury; and in

determining that question the jury shall take into

account everything both done and said according to

the effect which, in their opinion, it would have on a

reasonable man.

s.3 Homicide Act 1957

Can you complete the details?

Means? Includes?Key rules

Controversial

because...

Key case(s)

“Things said or

done”

“Lose self control”

“enough to

provoke the

reasonable man

with the

characteristics of

D”

Provocation: Is old law bad law?

Where on a charge of murder

there is evidence on which the

jury can find that the person

charged was provoked (whether

by things done or by things said

or by both together) to lose his

self-control, the question whether

the provocation was enough to

make a reasonable man in those

circumstances do as he did shall

be left to be determined by the

jury; and in determining that

question the jury shall take into

account everything both done

and said according to the effect

which, in their opinion, it would

have on a reasonable man.

s.3 Homicide Act 1957

Using what you have learnt so far this lesson, and the teaching of your fellow

students, answer the question at the top of this page in your green books.

All of you should be able to point out the

key problems with the old law (covering all

three areas!).

Most of you should be able to support

your conclusions with reference to relevant

cases.

Some of you should be able to identify

what changes you expect the new law to

contain.