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?
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.
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)
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