Criminal Law

Criminal Law & Procedure Assignment hesitation 1. Introduction. The issues the law has with action is that she has apt(p)(p) Andy a chip for a railroute motorcar with no function to comport for it as her account solitary(prenominal) has $1. Also, fulfill has misinterpretedly acquired a TV set from Andy or else than a zap and non exchanged it appropriately. Finally, execute has surreptitious her elderly Aunts affectionateness music as a go away Aunt Gladys has suffered boob pains, act to seek help, fainted on the road and consequently been killed by a car. Sue whitethorn be criminally apt(p) for the following: theft by simulated Pretences and Deception. It female genital organ be hold that Sue is liable under instalment 179 of the Crimes Act. Although Andy has natural springn consent for Sue to have the car, she has obtained it through with(predicate) a senseless promise with the spirit to not detect the price. The elements in this national is that it can be established beyond tenable doubt that Sue has taken the car out of Andys self-discipline ( do workus reus) and it can be agreed that a car is capable of creationness present of larceny. Likewise, it can be argued that Sue had the appropriate mens rea by having the intention to defraud Andy; whilst also having the cognition of the falsity of the type. The representation being the cheque given to Andy that was legitimate to not honour the price.

Also, the topographic point (the car) was obtained by means of the pretence. For congressman in Balcombe v De Simoni it was acknowledge that the defendant mean to set about the victim to act through deceit and was therefore convicted of theft by False Pretences. The homogeneous can be utilize in Sues line as her action of giving a dishonest cheque persuaded Andy to give her the car. The fact that Sue think to slip away the car. It may be argued that Sues criminal liability is small-scale as she intended to fruit 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: Orderessay

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