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examination focus

Constructive liability and the principle of correspondence

Ian Yule highlights key points to help you improve your exam answers on the evaluation of non-fatal offences and murder, and also the analysis of fault as the basis of criminal liability

This ‘Examination focus’ is relevant for AQA A2 Unit 3 (evaluation of murder and non-fatal offences) and Unit 4 (fault-based liability).

The starting point in all criminal law textbooks for criminal liability is the Latin phrase actus non reum facit nisi mens sit rea, which means that a person cannot be convicted of a crime just because he or she did something ‘wrong’. The prosecution is required to prove both that defendants acted in a certain way and also that when carrying out illegal acts they did so with the required mental element: the mens rea (apart from in strict liability offences).

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The Consumer Rights Act 2015

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The year and a day rule

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