The Law Making Process (Theft Act + Fraud Act)

The Law Making Process (Theft Act + Fraud Act)

Order Description

Question 1 [30 marks]

To answer Question 1 you will need to read the information provided in Box 1 very carefully. Your answer must be based solely on the information provided in Box 1.

i) In your own words, explain how the offence below may be committed. (5 marks)

ii) Looking at s.1(1); what are the elements to the offence that the prosecution need to prove in order to secure a conviction? Provide a brief definition of what is

meant by each element. (10 marks)

iii) Which of the elements identified in question (ii) above would make out the actus reus of the offence and which of the elements makes out the mens rea of the

offence? (10 marks)

iv) The offence of theft is ‘triable either way’. What does this mean?
(5 marks)

Box 1

Theft Act 1968, Section 1

Basic definition of theft.

S1(1) – A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and

“thief” and “steal” shall be construed accordingly.

S1(2) – It is immaterial whether the appropriation was made with a view to gain, or is made for the thief’s own benefit.

S1(3) – The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by

this Act, shall apply only for purposes of this section).

Question 2 [20 marks]

To answer Question 2 you need to read the information provided in Box 2 very carefully. Your answer must be based solely on the information provided in Box 2.

i) In your own words, explain how the offence below may be committed.
(5 marks)

ii) Provide a brief explanation as to the meaning of fraud by false representation, fraud by failing to disclose information and fraud by abuse of position. (15 marks)

Box 2

Fraud Act 2006, Section 1

S.1(1) – A person is guilty of fraud if he or she is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the

offence).

S.1(2) – The sections are:-

(a) section 2 (fraud by false representation)
(b) section 3 (fraud by failing to disclose information) and,
(c) section 4 (fraud by abuse of position)

S.1(3) – A person who is guilty of fraud is liable-

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both)

Question 3 [50 marks]

Using the information provided in Boxes 1, 2 and 3, answer the following question (you will need to conduct further legal research when answering the scenario in box 3

and include any relevant case-law):

In your own words explain whether Emilia has any criminal liability for the theft of the material under s.1 of the Theft Act 1968 and for fraud under s.1 of the Fraud

Act 2006.

Your answer must contain an explanation of the offence and reasons as to why or why not the offence has or has not been committed.

In referring to the Acts in Boxes 1 and 2 you should use the appropriate sections and subsections.

Box 3

Problem Scenario

Emilia is a first year law student at the University of Treforest. She joined the Law Society’s debating team and managed to make the final where she competed against

Olivia. The subject for the final debate was an obscure subject and as such the library only contained a limited range of relevant articles. Unfortunately these

materials went missing within an hour of the debate topic being released.

Olivia complained to the debate organiser about the loss of material. The organiser approached Emilia about the loss via email but Emilia did not respond.

Later that week the debating final was held which Emilia won very convincingly. Emilia received a prize of £1,000 for winning the debate.

After the debate, Eric, a security guard employed by the university caught Emilia replacing the missing articles in the library. When questioned, Emilia admitted

taking the articles on the day the topic was released but said it was always her intention to return them once the final had taken place. She also stated that a lot of

the material was already on the internet and could have been obtained by other means.

Apply the law in Boxes 1 and 2 to these facts and advise Emilia whether she would be guilty of any offences. You should engage in wider reading and research to help

you answer this question.

Needs to be OSCOLA referenced!!

• Coursework must include a full title page which details the module code and module title, the title of the assignment, your student number, the name of the tutor

concerned, the date of submission and the number of words.

I have attached a file where i have finished the essay but just need it all to be done up and meet the word count.
The word limit is 2000 words and includes all quotations, but not footnote references and bibliography.

(b) When completing tasks 2 and 3 ensure that you use the appropriate sections and subsections of the Act. This is vital for answering questions –

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