ABSTRACT

Much of what has been said in the introduction to tort questions in Chapter 7 applies here as this also is a subject that lends itself very well to problem questions.

Criminal law, however, has more ‘statute-law’ than has tort. The examiner will not expect you to recite statutory provisions word for word, but you should be able to give a good paraphrase containing the main requirements of the crime. Cases should, of course, be cited as advised in the tort introduction. It is always good style, and it is logical, to state the actus reus of the crime first, with an application of that law to the facts, followed then by a statement of law on mens rea and its application to the facts. Always remember then to consider any relevant defences.