All references should be constructed using the OSCOLA referencing system.
Using the IRAC method below to answer the question in this assignment …….
I = Issues
Identify the legal issue that must be resolved before you can advise the client
R = Rule(s)
Identify the rule(s) that can be used to resolve the legal issue before you
A = Application
Apply the rule(s) to the facts of the scenario and draw conclusions about how the courts would resolve the issue if it were asked to.
C = Conclusion
Based on your application of the law to the facts in the previous step, advise the hypothetical client.
2. 2) Using the principles of mens rea, identify which crimes may have been committed, using examples of case law to support you reasoning. (500 words)
Part B:
‘Now I have to confess that, as soon as somebody starts using an expression like ‘oblique intention’ I become suspicious; because I suspect that it is only necessary to use the rather mysterious adjective ‘oblique’ to bring within ‘intention’ something which is not intended at all.’
R. Goff ‘The Mental Element in the Crime of Murder’ (1988) 104 LQR 30
‘The surest test of a new legal rule is not whether it satisfies a team of logicians but how it performs in the real world. With the benefit of hindsight, the verdict must be that the rule laid down by the majority in R v Caldwell failed this test………. the law took a wrong turn.’Over the years, the courts have found it difficult to define mens rea elements such as intention and recklessness, despite these being everyday words.
With reference to case law and academic commentary, critically analyse and evaluate the approach the courts have taken to the meaning of one of these terms. (1000 words)
