PASSING THE EXAM

Students should download previous exam papers from their particular examination board.

You will not find comprehensive model answers for any examination question here. You must learn to be flexible - each question in the exams must be answered in relation to its own facts.

You will no doubt have received loads of advice about addressing exam questions. If you can bear it, then we’ll add our own observations.

This programme is focused on one thing only - that you pass the exam with the best possible grade. Nothing else matters.

MENTAL ATTITUDE

Exams are a test of nerve: your nerve. They are also a test of knowledge and your ability to think logically. This is why law is such an excellent subject for study. It is also a difficult subject because it is so different from anything that you learnt at school. The satisfaction that you will gain, therefore, from passing - and you will pass - will be so much greater.

A correct mental attitude is as important as memory because if you panic, then you will forget everything. Most students regard an exam as some kind of a hurdle. Well, it is but not of Grand National proportions! Instead of looking up forlornly at the size of the exam hurdle, you want to be looking down at it, as if from a cloud, from which vantage point you can see the exam for what it is - a small step.

You can only get on the cloud through solid and determined learning. When you have the relevant legal knowledge at your fingertips, then you will have the confidence to go into that exam room and give them hell!

No matter how many times you take mock exams, they will never be like the real thing because they can never be as stressful. Coping with the stress of an exam room can be difficult. You must lock on to the exam questions immediately and ignore everything else. This may include the distracting noise of coughing and rustling of paper by your fellow students, traffic and shouting from outside or the sound of creaking floorboards made by invigilators as they walk about, checking that everybody is behaving.

I’m not pretending that reading law is as exciting as a holiday in the South of France. However, you must be interested. If you’re interested, then you will enquire further as you would with a hobby. So, make reading law your hobby.

THE NOTES

You need to amend the Notes by striking out (i.e. deleting) parts and highlighting others. For example, a dozen case examples are given on deterrent sentences. You only need a few.

So, your notes would, for example, contain the following deletions.

B. Deterrence

1. What is it?

A general deterrent sentence is one designed to deter/inhibit other potential offenders from committing a like offence through fear of the punishment.

An individual deterrent sentence is designed to deter/inhibit the particular offender from committing a further offence through fear of the punishment.

2. General deterrent sentences

A general deterrent sentence will often be higher than the ‘going rate’ for the offence in question.

R v CUNNINGHAM [1993] 1 WLR 183

Here, Lord Taylor CJ commented on deterrent sentences for prevalent offences (here, robberies from small shopkeepers).

‘Is that a legitimate factor in determining the length of the custodial sentence to be passed? Our answer is Yes.’

NOTE General deterrent sentences are often handed down where a certain type of offence is prevalent.

3. Examples of deterrent sentences on types of offences

a) Mobile phone theft

A-G’S REFERENCE (Nos. 4 & 7 of 2002) [2002] EWCA Crim 127

Lord Woolf:

‘The courts have no alternative but to adopt a robust sentencing policy towards those who commit these offences. Those who do so must understand that they will be punished severely. Custodial sentences will be the only option available to the courts when these offences are committed, unless there are exceptional circumstances. That will apply irrespective of the age of the offender and irrespective of whether the offender has previous convictions.’

b) Robbery (in Manchester)

R v EZAIR [2001] EWCA Crim 2624

A sentence of 4 years for robbery and attempted robbery of Manchester students was upheld in this case. Judge Humphries’ sentencing remarks:

‘In the last complete academic year there were over 700 robberies of students in the University/student area where you were, over 700. A blot on the City of Manchester and the sentence of the Court must recognise this ... The court must attempt to deter you and others from committing these disturbing crimes, a very definite deterrent element in the sentence.’

c) Tobacco smuggling

R v CZYZEWSKI [2003] EWCA Crim 2139

The case was concerned with setting guidelines on sentencing for tobacco smuggling. The Court of Appeal noted its prevalence and seriousness: that in the year 2000 to 2001, loss to the Revenue from cigarette smuggling was £2.7 billion. It was thus suggested that a deterrent sentence might be called for in large scale illegal importation.

d) Card cloning

R v BUJOR [2007] EWCA Crim 2531

Here, the need for deterrent sentences was considered to be of ‘paramount’ importance.

e) Throwing stones at passing cars

R v COTTER AND OTHERS [2009] EWCA Crim 1441

Custodial sentences were passed on three youths who had thrown stones at passing cars on a busy road. Their actions lead indirectly to death, serious injury and substantial damage. These sentences, described as ‘severe’ were upheld as ‘there was the clearest need for deterrence … of youths and others throughout the country who might contemplate attacking road traffic in some similar way’ (Maddison J).

f) Gun crime

R v CRISPIN [2007] EWCA Crim 2553

Described by Sir Igor Judge as ‘a contemporary curse’.

R v WILKINSON AND OTHERS [2009] EWCA Crim 1925

Lord Judge stated that ‘the gravity of gun crime’ meant that ‘deterrent and punitive sentences are required and should be imposed’.

R v YATES [2009] EWCA Crim 2439

WILKINSON applied. See also h) below.

g) Knife crime

R v POVEY (2009) 1 Cr App R (S) 42

Described by Sir Igor Judge as ‘reaching epidemic proportions’.

h) Gang membership

R v YATES [2009] EWCA Crim 2439

Here, the offender was part of a gang that engaged in criminal activity. He was convicted of possessing a prohibited firearm and assisting an offender (a fellow gang member). His sentence was increased from seven years’ detention to twelve years. The deterrent sentence was imposed not only because of the firearms offence, but also because these sentences were required for active gang membership.

i) Spying

R v JAMES [2009] EWCA Crim 1261

Here, a corporal in the British Army, of Iranian birth, passed information to the Iranian Military Attaché in Afghanistan about operations in that country. Even though no soldier was affected by the appellant’s activities, his appeal against a sentence of 10 years’ imprisonment was dismissed because ‘it properly reflected the deterrent element which necessarily must govern every sentencing decision in cases of treachery’(Lord Judge).

j) Frustrating UK immigration controls

R v ILESANMI [2010] EWCA Crim 3083

The use of false identification documents to enter into an illegal marriage with the intention of frustrating the country’s immigration controls was of such concern that it called for deterrent sentencing.

k) Bribing an official

R v PATEL [2011] 18 November 2011 Cr Ct

A deterrent sentence was imposed where, a clerk at a London court took bribes, inter alia, to erase summonses for road traffic offences. He became the first person to be convicted under the Bribery Act 2010. As the sentencing judge remarked: ‘Sentences for this sort of offence must act to deter offending of this kind.’

l) August 2011 riots

R v CARTER AND ORS [2011] Cr Ct 16 August

The sentencing remarks of the trial judge showed clearly the requirement of deterrent sentencing in response to those criminally exploiting the riots.

R v TWEMLOW AND ORS [2011] 18 August Cr Ct

The principles in CARTER were applied in dealing with the same kind of criminality during the riots.

R v BLACKSHAW AND ORS [2011] EWCA Crim 2312

Lord Judge: ‘It is very simple. Those who deliberately participate in disturbances of this magnitude … must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity.’

R v GILMOUR [2011] EWCA Crim 2458

The principles in BLACKSHAW were applied here.

A sentence of 16 months’ imprisonment for violent disorder was appropriate for a defendant, of previous good character, who had taken part in a mob attack on a shop during the riots and who had thrown a bin at a car containing members of the Royal family.

m) Smuggling mobile phones into prisons

R v SMAK [2012] EWCA Crim 1280

This had to be discouraged by passing deterrent sentences.

n) Knife crime (in Woolwich)

R v FADAIRO [2012] EWCA Crim 1292

o) Witness intimidation

R v THORNE [2013] EWCA Crim 514

A deterrent element was ‘necessary in order … to ensure that the administration of justice is not corrupted’ (Field J).

After the deletions, you need to highlight bits of text so that you can ‘speed read’ your Notes.

B. Deterrence

1. What is it?

A general deterrent sentence is one designed to deter/inhibit other potential offenders from committing a like offence through fear of the punishment.

An individual deterrent sentence is designed to deter/inhibit the particular offender from committing a further offence through fear of the punishment.

2. General deterrent sentences

A general deterrent sentence will often be higher than the ‘going rate’ for the offence in question.

NOTE General deterrent sentences are often handed down where a certain type of offence is prevalent.

CUNNINGHAM [1993]

Here, Lord Taylor CJ commented on deterrent sentences for prevalent offences (here, robberies from small shopkeepers).

‘Is that a legitimate factor in determining the length of the custodial sentence to be passed? Our answer is Yes.’

3. Examples of deterrent sentences on types of offences

a) Robbery (in Manchester)

EZAIR [2001]

A sentence of 4 years for robbery and attempted robbery of Manchester students was upheld in this case. Judge Humphries’ sentencing remarks:

‘In the last complete academic year there were over 700 robberies of students in the University/student area where you were, over 700. A blot on the City of Manchester and the sentence of the Court must recognise this ... The court must attempt to deter you and others from committing these disturbing crimes, a very definite deterrent element in the sentence.’

b) Gun crime

CRISPIN [2007]

Described by Sir Igor Judge as ‘a contemporary curse’.

WILKINSON [2009]

Lord Judge stated that ‘the gravity of gun crime’ meant that ‘deterrent and punitive sentences are required and should be imposed’.

c) Knife crime

POVEY (2009)

Described by Sir Igor Judge as ‘reaching epidemic proportions’.

d) August 2011 riots

BLACKSHAW [2011]

Lord Judge: ‘It is very simple. Those who deliberately participate in disturbances of this magnitude … must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity.’

GILMOUR [2011]

The principles in BLACKSHAW were applied here.

A sentence of 16 months’ imprisonment for violent disorder was appropriate for a defendant, of previous good character, who had taken part in a mob attack on a shop during the riots and who had thrown a bin at a car containing members of the Royal family.

Around six weeks before the exam, you should have completed deleting and highlighting the Notes. They then they need to be printed. And once that is done, you need to have the Notes professionally bound by your local print shop. This should only cost a few pounds. Once completed you have your ‘bible’ which should only take a few minutes to speed read through. You could then hand your Notes to a friend or relative and ask him/her to test your knowledge.

REMEMBER In the final analysis, all that stands between you and failure is the quality of your notes.

ANSWERING QUESTIONS

Introduction

Your lecturer/teacher will spend time with you in explaining how to answer questions. He or she will drill into you the following: (1) relevancy (2) succinctness and (3) precision.

Answer Plans

There is an enormous temptation to start writing immediately. DO NOT DO THIS. Read the paper in its entirety and provisionally tick off those questions that you feel confident enough to answer. Start with the question that you feel is the easiest AND MAKE A PLAN OF THE ANSWER.

Style

When your paper comes to be marked, the person marking it will be delighted to find something written that will attract his/her interest. This is where style comes in. Style is indefinable but recognisable. Writing has style if it has a flow about it, whereby the reader moves seamlessly from one topic to the next in a perfectly logical manner.

Bad style is instantly recognisable. It contains jargon; clichés; bad spelling, punctuation and grammar.

A good style will put the marker in a good mood and inclined to favour you. You cannot develop a good style without a complete mastery of punctuation, spelling and grammar. Never feel that you do not need a quick refresher course, here. Everybody does!

Problem questions

Part of your exam may consist of problem questions. This may be new to you. Problem questions tell you a story of the ‘Jack and Jill went up a hill’ variety. In other words, an event takes place and you then have to advise, if you like, as a lawyer.

Let’s look at a problem question in tort. Jack and Jill went up a hill. At the top of the hill, Jack saw a well in a field owned by Frank. The well was in a dangerous state of disrepair. Feeling thirsty, Jack walked into the field, passed a ‘No Entry’ sign, in order to draw some water from the well. On leaning against the well head wall, it gave way. Jack fell into the well and injured the crown of his head. Advise Frank as to any liability.

Write out a brief plan of the answer with the following in mind.

1. What has the examiner asked you to do?

Advise Frank, NOT Jack. So, advise him.

2. Lawyers deal with facts

So, deal with them. You may not like the facts; you may even wish the facts were slightly different but do not change them. Particularly, do not discuss what the answer to Frank’s problem would be if the facts were different because it is not relevant. Worse, it is like setting the exam yourself!

3. Identify the law and outline the relevant general principles

You must always back up your assertion as to what the law or principle is with some authority, be it a case or a statute. If you do not do this, then you will assuredly fail. It is as simple as that. Underline a case or a statute - it will draw the examiner’s attention to it.

4. Advise Frank

This means that you come to a conclusion.

Essay questions

These are usually ‘Discuss/critically assess’ type questions which also ask for your point of view. For example, ‘English judges have increasingly been subjected to criticism in recent years. Examine the background, appointment, status and functions of the judges. Explain and assess the validity of these criticisms.’

Surprisingly, this is not an invitation for you to write everything you can think of about the topic. Relevance is crucial. You simply do not have time to write rubbish!

You answer these types of question by outlining the particular area concerned. You then ‘home in’ by weighing up the pros and cons, coming to your own conclusion.

Content

1. Introductory paragraph

Now, a good answer (which will make the examiner a happy bunny!) has an introductory paragraph which - depending on the type of question - lays out the main points of the answer. The introduction is extremely useful for you in that it will lay out the tramlines for the body of your answer - the middle section - so that you will not stray from same.

If an answer requires knowledge of a statute, then YOU MUST LEARN THE RELEVANT SECTIONS BY HEART. I don’t care how you do it: sing out the sections in the bath; chant them on the loo; repeat them at bedtime instead of counting sheep; or recite them to friends and relations. But learn them you must!  

If an answer requires knowledge of cases, then EVERYTHING THAT I'VE JUST SAID ABOUT STATUTES APPLIES. Whilst on the subject of cases, if you cannot remember the title of a case, then you should indicate same by mentioning very briefly its facts.

a) Problem questions

Take a question on crime such as the following.

Terry noticed that Victor had dropped his wallet as he walked passed him in the street. He waited until Victor had walked round the corner and then took £50 in cash from the wallet and threw the wallet away. Discuss Terry’s criminal liability.

What is the examiner asking you to do? Essentially, he is asking you to discuss section 1 Theft Act 1968 with Terry in mind. Your opening paragraph, then, lays out the section and would go as follows.

It appears from the facts that Terry has committed theft contrary to section 1 Theft Act 1968 which provides: ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’

Do you see what you have done in this paragraph? You have laid out the tramlines for the main body of your answer. You will then examine the constituent parts of theft (i.e. its actus reus and mens rea) in the main body of your answer and then comment on whether the facts fit the section.

Take a question on tort such as the Jack and Jill story.

Jack and Jill (both aged 21) went up a hill. At the top of the hill, Jack saw a well in a field owned by Frank. The well was in a dangerous state of disrepair. Feeling thirsty, Jack walked into the field, passed a ‘No Entry’ sign, in order to draw some water from the well. On leaning against the well head wall, it gave way. Jack fell into the well and injured the crown of his head. Advise Frank as to any liability.

What is the examiner asking you to do? He is asking you to discuss the Occupiers’ Liability Act 1984 with Frank in mind. Your opening paragraph, then, lays out the section and would go as follows.

Frank may be liable for the injuries sustained by Jack if it can be shown that he owed Jack a duty of care. As Jack is a trespasser (a non-visitor), the formula for establishing a duty is laid out in section 1 Occupiers’ Liability Act 1984 (OLA). Essentially, the section provides that an occupier owes a duty if he is ‘aware of the danger’; and has reasonable belief that the a non-visitor may come into the ‘vicinity of the danger’; and the risk is such that it is reasonable to offer ‘some protection’. The section also lays out the standard of care and how the standard may be met. If a duty of care is established, then liability will thereafter be determined according to the common law rules of negligence.

Do you see what you have done in this paragraph? You have laid out the tramlines for the main body of your answer. You will then examine the constituent parts of section 1 in detail in the main body of your answer and then comment on whether the facts fit the section.

Take a question on contract such as the following.

Charles wishes to sell his sports car, so advertises it for sale. Roger visits Charles, takes the car for a test drive, says that he would like to buy the motor car, and they agree on a price. Roger produces a cheque book, but Charles hesitates, saying that he would prefer cash. Roger then replies, ‘Look, you can see who I am’, and produces various items of identity, bearing the same surname as a famous rally driver. Charles is embarrassed and agrees to take the cheque and Roger drives away. The cheque proves to be worthless. In the meanwhile, Roger has sold the car to Donald and has disappeared without trace. Advise Charles.

What is the examiner asking you to do? He is asking you to discuss mistake in contract, particularly unilateral mistake in face-to-face contracts and third party rights, with Charles in mind. Your opening paragraph, then, lays out the essentials ingredients as follows.

Clearly, Charles needs to retrieve his motor car from Donald. On the basis that Donald was a bona fide purchaser for value, then he must show that his contract with Roger was void for unilateral mistake. This will be difficult as a string of cases has established special rules for unilateral mistakes inter praesentes. If Charles cannot avoid the contract with Roger, then the contract will merely be voidable and Donald would have good title to the car.

Do you see what you have done in this paragraph? You have laid out the tramlines for the main body of your answer (and shown off with a bit of Latin!). You will then lay out the general principle that mistakes render contracts void; the general principles of unilateral mistake; all the face-to-face cases; the special rules; and third party rights.

b) Essay questions

Take a question on crime such as the following.

Criminal liability is generally based on fault, with the prosecution having to prove both actus reus and mens rea. Some criminal offences are crimes of strict liability. Using examples, explain the meaning of strict liability.

As in all essay questions, it is perfectly clear what the examiner is asking you to do. So, do it! This particular question is an absolute gift in that you can lay out the principles of strict liability ‘parrot fashion’. In other words, you are not required to think! Your opening paragraph, then, lays out the essentials ingredients as follows.

Strict liability offences, usually created by statute, require no mens rea to commit them. However, many strict liability offences require proof of mens rea or negligence to some part of the actus reus. Because a criminal conviction carries with it a certain stigma, unless a statute expressly creates a strict liability offence, the courts will presume a mens rea requirement. A leading case in this area is Gammon (Hong Kong) Ltd v A-G Of Hong Kong.  

Do you see what you have done in this paragraph? You have laid out the tramlines for the main body of your answer. You will proceed in the main body of your answer to have a chat about R v Prince and then lay out Lord Scarman’s five propositions.

2. The main body

Imagine a sandwich. The main body of an answer is the filling whilst the two pieces of bread represent the introduction and the conclusion of your writing. To continue the metaphor, the main body is the meat of your answer. Having laid out the tramlines in your opening paragraph, all you need to do is follow them in a logical and orderly manner in the main body. Can you see now that exams are dead easy?! They are merely an invitation to you to show off!

3. The conclusion

The conclusion - the last paragraph - is either a short re-statement or, in a problem question, a QED; and a good trick is to finish with a reference to your introductory remarks in a unique way, for example with a quotation. Indeed, opening with a quotation shows that you have command of a subject - providing it is relevant!

Best of luck!