AC 1.1 Evaluate the aims of criminalisation of specific acts and the function of criminal punishment.

LAW402: Criminal Law Assignment

Plagiarism and Collusion

In submitting the assignment, Learners must complete a statement of authenticity confirming that the work submitted for all tasks is their own. The statement should also include the word count.

Plagiarism and collusion are treated very seriously. Plagiarism involves presenting another author`s work, excerpts, ideas, or passages without appropriate referencing and attribution. Collusion occurs when two or more learners submit work that is so alike in ideas, content, wording, and/or structure that the similarity goes beyond what might have been mere coincidence.

Referencing

A professional approach to work is expected from all learners. Learners must therefore identify and acknowledge ALL sources/methodologies/applications used.

The learner must use an appropriate referencing system to achieve this. Marks are not awarded for the use of English; however, the learner must express ideas clearly and ensure that appropriate terminology is used to convey accuracy in meaning.

Please use the Harvard Style of Referencing throughout your work.

Appendices

You may include appendices to support your work. However, appendices must only contain additional supporting information and must be clearly referenced in your assignment.

You may also include tables, graphs, diagrams, Gantt charts, and flowcharts that support the main report and should be incorporated into the back of the submitted assignment report

Any published secondary information such as annual reports and company literature should be referenced in the main text of the assignment, following Harvard Style Referencing, and referenced at the end of the assignment.

Confidentiality

When Learners choose to include organisational information that deals with sensitive material or issues, they must seek advice and permission from that organisation about its inclusion.

Where confidentiality is an issue, Learners are advised to anonymise their assignment report so that it cannot be attributed to that particular organisation.

Word Count Policy

Learners must comply with the required word count within a margin of +10%. These rules exclude the index, headings, tables, images, footnotes, appendices, and information within references and bibliographies.

When an assessment task requires learners to produce presentation slides with supporting notes, the word count only applies to the supporting notes.

Marking and Grades

The details of a standard marking rubric can be found at the end of this document. Unless stated elsewhere, learners must answer all questions in this document.

Submission of Assignments

Before submitting your work check you have:

✓ Completed the tasks or activities as required by the assignment

✓ Labelled or numbered each task or activity

✓ Understood and responded to the command verbs in the Assessment Criteria

✓ Produced the tasks or activities in the required format

✓ Presented your work clearly

✓ Referenced sources you have used and cited from

✓ Put cited material in quotation marks

✓ Checked for any spelling or grammatical errors

✓ Added a footer with page number

Assignment Question

Assignment - Total word count - 2,000 words

You are working for a law firm and have been asked to prepare notes on two potential criminal cases in advance of a meeting to discuss a way forward. You are also asked to produce some introductory information for two new paralegal employees who will be attending the meeting as part of their training. You should explain any legal terminology used.

Task 1 - 300 words

Introductory notes

The introductory information you have been asked to provide is about criminal law, punishment, prosecution and proof. Your notes should:

• Evaluate the aims of criminalisation of specific acts and the function of criminal punishment. (AC 1.1)
• Analyse the role of public prosecution and criminal standard of proof. (AC 1.2)

Task 2 - 850 words

Handley and Franks

Tom Handley was involved in a fight with Jared Mayton after visiting several pubs on Friday evening. Jared was badly beaten and later died from his injuries. The investigations suggest that Handley had been looking for Mayton to ‘pay him back for stealing his girlfriend’. Alfred Franks, Tom’s friend, is said to have been encouraging the confrontation.

Both Handley and Franks have been arrested and are facing possible murder charges. Franks is also facing a common assault charge for threatening one of Mayton’s friends who tried to come to his aid. Handley is saying he was too drunk to realise what he was doing and that Mayton threatened him first and he acted in self-defence.

Handley and Franks attempted to leave the scene in Handley’s car with Handley driving (even though he was over the legal limit) but stopped when the car hit and knocked down Handley’s ex-girlfriend as they were driving away. Franks claimed that she had run out into the road to stop Handley leaving and that knocking her over was an accident.

You are required to write notes pertaining to the defence of Handley and Franks. You need to consider the basis for the potential murder charge, and possible defences. In relation to the case, your notes should:

• Analyse the components of murder. (AC 2.1)
• Illustrate circumstances giving rise to voluntary and involuntary manslaughter. (AC 2.2)
• Assess the nature of non-fatal offences against the person. (AC 2.3)
• Assess the types of inchoate offences. (AC 4.1)
• Explain the meaning of assisting or encouraging crime. (AC 4.2)
• Examine specific and general defences. (AC 5.1)
• Illustrate the application of self-defence rule. (AC 5.3)

Task 3 - 850 words

Bromley and son

Peter Bromley and his twelve-year old son Mark were apprehended apparently breaking into and entering a property. At the time, Peter was standing outside a property and Mark was inside the property having climbed in through a window that had been forced open. Mark was disturbed by the owner and caught trying to escape by the back door after an unsuccessful attempt to threaten the owner into giving up his valuables. As far as the owner is aware, nothing was taken.

Peter was found in possession of a bag of tools which he says he ‘borrowed’ from an unlocked van parked outside the neighbour’s house. Peter also says that he was confused having taken some strong painkillers prescribed for his back earlier in the evening and thought the house was his mother’s house. He claims that having knocked and not had an answer, Mark climbed in through the window, which was already open, to check that she was alright.

Mark has a different story, he says his father forced him to enter the property having forced the window with a crowbar from the bag of tools, with the instruction to steal anything that looked valuable. Mark has learning difficulties and has a mental age lower than his actual age. Peter claims that because of his learning difficulties, Mark is quite mad and doesn’t know what he is talking about.

You are required to write notes pertaining to the defence of Peter Bromley and his son, Mark. You need to consider the basis for charges that may be brought pertaining to theft of the tools, burglary and robbery, and possible defences. In relation to the case, your notes should:

• Explain capacity to commit a crime. (AC 1.3)
• Explain the components of property offences. (AC 3.1)
• Distinguish between lack of honesty under s.2(1) TA 1968 and dishonesty under common law. (AC 3.2)
• Compare and contrast robbery with burglary. (AC 3.3)
• Distinguish intention to commit crime from an attempt. (AC 4.3)
• Examine specific and general defences. (AC 5.1)
• Illustrate the defence of insanity, duress, mistake and involuntary intoxication. (AC5.2)

Marking Rubric: