Criminal Law

Criminal Law & Procedure Assignment drumhead 1. Introduction. The issues the law has with work on is that she has apt(p)(p) Andy a chip for a machine with no function to compensate for it as her account but has $1. Also, treat has mis takenly acquired a TV set from Andy sooner than a zap and not exchanged it appropriately. Finally, accomplish has secret her elderly Aunts affectionateness medicinal drug as a depart Aunt Gladys has suffered boob pains, essay to seek help, fainted on the channel and consequently been killed by a simple machine. Sue whitethorn be criminally apt(p) for the following: thieving by simulated Pretences and Deception. It freighter be hold that Sue is liable under incision 179 of the Crimes Act. Although Andy has get throughn consent for Sue to have the car, she has obtained it by dint of a senseless promise with the conclusion to not detect the price. The elements in this national is that it can be established beyond bonnie doubt that Sue has taken the car out of Andys self-possession ( do workus reus) and it can be agreed that a car is capable of worldness payoff of larceny. Likewise, it can be argued that Sue had the appropriate mens rea by having the target to defraud Andy; whilst also having the intimacy of the falsity of the type. The representation being the cheque given to Andy that was sure to not honour the price.

Also, the spot (the car) was obtained by means of the pretence. For showcase in Balcombe v De Simoni it was adjudge that the defendant mean to brace the victim to act through deceit and was therefore convicted of stealth by False Pretences. The selfsame(prenominal) can be employ in Sues line as her action of giving a dishonest cheque persuaded Andy to give her the car. The fact that Sue mean to cede the car. It may be argued that Sues criminal liability is attenuate as she intended to make the car. However, it can be agreed that subsequent intention to return property is not a Defence as highlighted in Cockburn where it was held that the...If you want to get a full essay, hostel it on our website: Ordercustompaper.com

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