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Criminal Law Lecture - Year One, Term 1: Essays on Offences Against the Person
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Advice on how to write essays and problem questions on the Offences Against the Person Act 1861
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15th November 2019Criminal Law – Lecture 10: Offences Against the Person (II)
- Recap the offences
- Essay and problem questions in criminal law
- Tackle a past exam question in criminal law
- Week 10 = mock exam on offences against the person and causation (6 th December)
o We have assault when s/he apprehends assault
o We have battery when s/he unlawfully/unwantingly touches a person or their
clothes
o Assault = apprehension of imminent unlawful force (no contact)
o Battery = unwanted unlawful force (contact)
- Section 47: Assault and/or Battery + Occasioning (causing) + ABH (cuts and bruises,
not serious but not trifling) = Section 47
- Section 20: Inflicting GBH (serious harm, more than cuts and bruises) or wounding
(breaking of the skin/bleeding) + Intent or being reckless as to some harm = Section
20
- Section 18: Causing GBH or wounding + Intent to cause GBH or resist arrest (whilst
they were resisting arrest, they caused GBH) = Section 18
o The difference between Sections 20 and 18 is the mens rea (inflicting or
causing)
o See the lecture slide
Applying Knowledge:
- Essays:
o Tests: knowledge of law and critical analysis of the law
o Tests detailed knowledge of a specific aspect of criminal law
o High marks: strong, well-developed, evidenced argument, critical discussion
o Evidence to use to back your answer: common law precedents (current and
overruled) statutes, journal articles, official reports, news reports
o Often on a very narrow point
o Relate it back to your further reading
- Problem Questions:
o Tests: knowledge and the application of the current law
o Tests breadth of knowledge of several related issues
o High marks: consistent, and detailed application of particularly case law
o Evidence to use to back your answer: common law precedents and statutes
o No references to reports or to further reading
Essay answer structure:
1. Introduction:
a. Content for the essay
b. A clear idea of the angle/position/argument to be adopted/applied
c. An indication of the structure
2. Main body:
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