Demonstrate sound knowledge and understanding of the relevant legal principles or rules in criminal law

Demonstrate sound knowledge and understanding of the relevant legal principles or rules in criminal law

CRIMINAL LAW ASSESSMENT (Level 4)

Assessment: Individual Appointment

On sitting this Assessment you will be deemed to have completed the following declaration:

I certify that the assessment submission is entirely my work, and I have fully referenced and correctly cited the work of others, where required. I also confirm the contents of my submission have not been generated by a third party, or through an Artificial Intelligence generative system. 

I have read the Student Discipline Regulations and understand any Assessment Related offence / Academic Misconduct can lead to consequences.  

By submitting this assessment submission, I am confirming that I am fit to sit according to the Assessment Regulations.

Assessment Instructions

This assessment involves an oral presentation.  You must make a presentation not exceeding 15 minutes.  You will then be asked questions for no more than 5 minutes.

Learning Outcomes

For this Assessment you will be assessed against the following Learning Outcomes:

  • Demonstrate sound knowledge and understanding of the relevant legal principles or rules in criminal law and the broader context in which the law operates.
  • Analyse problems in order to apply criminal law and identify solutions to the legal, factual and practical issues which arise.
  • Undertake directed and self-directed research to retrieve information from a range of sources.
  • Utilise data presented in numerical or statistical form and derive appropriate conclusions.
  • Construct a logical argument in order to reach an informed, coherent and logical conclusion. 
  • Communicate clearly and concisely, using correct grammar and using appropriate technical legal language where necessary.

ASSESSMENT TASK

Read the instructions below and make an oral presentation addressing the issues in questions 1 – 8.

State where relevant:

  • the law you are relying on
  • the authority for this (statute / case law)

Then

  • APPLY to the facts
  • draw a mini conclusion at each stage of your analysis.

Instructions

You are asked to consider the case of Jacinta. She owns a restaurant and, until recently, employed two chefs, Serena and Marvin. Jacinta dismissed Marvin last week.

Marvin contacted the police immediately after his dismissal, alleging that Jacinta had stolen his recipe book. He says she refused to return it to him after his dismissal. Jacinta accepts that she has the recipe book. She says she believes she is entitled to keep it as Marvin used it in his work at the restaurant. Jacinta has no idea whether it contains secret recipes but says it will be useful for the next chef who comes to work at the restaurant.

Marvin is furious and upset by Jacinta’s refusal to give him the recipe book as it contained many of his family’s secret recipes. The day after his dismissal, he sees Jacinta’s car parked on an area of waste ground close to the restaurant. He takes a can of petrol from the boot of his own car, pours it over Jacinta’s car and sets it alight.  He is surprised to see people running from a nearby building when they see the fire. He later tells police that he did not expect the fire to spread so quickly and had not anticipated that anybody would be put in danger. He says he only wanted to destroy Jacinta’s car to pay her back for the way she had treated him.

Yesterday, Jacinta asked Serena to stay behind after work and the two women drank several glasses of wine each. Serena told Jacinta that she felt drunk and that the room was spinning. Jacinta replied “You’re fine, let me kiss you.” Serena did not reply and Jacinta touched Serena’s breasts and kissed her on the mouth. Serena was horrified and waved her fist at Jacinta, saying “Don’t ever do that again or you’ll be sorry.” Jacinta responded furiously to Serena’s words and pushed her with such force that Serena fell against a glass cabinet. The glass shattered and Serena suffered some deep cuts to her back and arms. Jacinta called an ambulance and Serena was rushed to hospital where it was discovered that she was taking medication which thinned her blood. She suffered severe blood loss but her injuries were stabilised and she is expected to recover after further treatment. Doctors say her blood loss was made worse by the medication Serena was taking.

Continued

Jacinta is shocked at the extent of Serena’s injuries. She tells you that she thought Serena was going to hit her and says she was also furious that Serena had rejected her. She says “Wine always messes with my head – I had no idea that I would hurt her but I suppose I would have realised the risks if I’d been sober.”

  1. Explain the actus reus of an offence under s.1 Theft Act 1968 and identify the facts that the prosecution will rely on to prove that Jacinta committed the actus reus of theft of Marvin’s recipe book when she refused to return the book to him.
  • Discuss whether the prosecution are likely to secure a conviction against Marvin under s.1(1) and (3) Criminal Damage Act 1971 when he sets fire to Jacinta’s car.
  • Identify the actus reus and mens rea of an offence of aggravated criminal arson under s.1(2) and (3) Criminal Damage Act 1971. What facts will the prosecution rely on to show that Marvin had the mens rea of an offence of aggravated arson when he set fire to the car ? Are there any facts that Marvin can rely on to support his argument that he lacked the mens rea of aggravated arson?
  • Discuss whether the facts suggest that Jacinta had the mens rea of an offence under s.3 Sexual Offence Act 2003 when she kissed Serena.
  • Explain whether the prosecution are likely to be able to prove that Jacinta committed the actus reus and mens rea of an offence under s.20 Offences Against the Person Act 1861 when she pushed Serena.

After your presentation is complete you can be asked questions on anything arising from the scenario.

(100 marks)

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criminal law

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