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Distance Learning Module Planner

Criminal Law 2Course Code: MP–LD2005Module Leader: Margaret Walsh

© University of Wolverhampton 2007

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Contents

How to Use Your Module Planner 5

Topics Covered by Module 7

Skills to be Developed and Examined 8

Examinations 9

Brief Guide to Study Skills 10

Introduction to Study Units 13

Reading List 14

Study Unit 1: Theft 16

Study Unit 2: Deception Offences 19

Study Unit 3: Burglary and Handling Stolen Property 23

Study Unit 4: Participation 26

Study Unit 5: Strict, Vicarious and Corporate Liability 29

Study Unit 6: Law Reform: Topical Issues Arising From AnyArea of the Criminal Law 32

Learning Project 34

Practice Question and Suggested Answer 39

Revision 47

Taking the Examination 51

Module Questionnaire 53

How to Use Your Module PlannerThe Module Planner is vital to your studies. It divides the work in each area into Units, and showsyou the minimum number of hours you should spend on each Unit, at the top right hand corner ofthe first page of each Study Unit, in order to understand the law involved. You should plan on de-voting a minimum of 150 hours to each module you study.

The section headed ‘Essential Reading’ contained in the Reading List and each Study Unit refersyou to the materials with which you are provided: the Textbook, 150 Leading Cases and StatuteBook. The materials listed in the Essential Reading are sufficient to enable you to complete thecourse very effectively.

The section headed ‘General Reading’ lists other books which, if you wish, you can read to giveyou other approaches to the law. These books are not provided but you should be able to pur-chase them from Hammicks Legal Bookshop, whose address, telephone number and website de-tails are provided in the General Reading section of the Reading List. They are not essential foryou to be successful on the course, but they may help to give you a different viewpoint of the lawinvolved in this module.

The Module Planner guides you through the course. Work through it logically, and in order, andmake sure you understand one Unit before you move on to the next. At the end of each Unit youwill find a set of Self-Study Questions. Test yourself on these and make sure you understand thembefore you move onto the next Unit.

At the end of the Study Units you will find the Learning Project. A compulsory question will be setin the examination in Section A of your paper on all or parts of the material covered by the Learn-ing Project, and this will count for 50 per cent of your overall grade, so it is essential that you en-sure you study and understand all aspects covered by it. The Study Units which relate to theLearning Project have been indicated to guide you through this material while you study.

The Module Planner is your guide to the topic of English law that it covers. Have it with you as youstudy and you will make the most of this opportunity to obtain the best law degree of which youare capable.

With this Module Planner you should have the following materials:

Criminal Law Textbook

Molan 6 edition 2007) Old Bailey PressCriminal Law 150 Leading Cases

Molan (4th edition 2007) Old Bailey PressCriminal Law Statute Book

Cracknell (4th edition 2003) Old Bailey PressCriminal Law Revision WorkBook(5th edition 2007) Old Bailey Press

If you do not receive this set of materials, please contact:Distance Learning DepartmentHolborn CollegeWoolwich RoadCharltonLondonSE7 8LNTel: +44 (0) 208 317 6000Fax: +44 (0) 208 317 6003E-mail: [email protected]

Skills to be Developed and ExaminedTo be successful in the end of module examination you need to show that you understand andcan apply the area(s) of law you have been studying. You must be able to demonstrate this to theexaminers by writing answers which communicate the points you wish to make accurately and ingood English. This is a key part of demonstrating that you have understood the points of law, thecases and the Acts of Parliament that you have studied.

Before you start to write your answer, identify the issues that are relevant to the question. Thesemust be clearly stated in your short introductory paragraph(s). When referring to case law andstatute law, you then need to explain the relevant legal principles in the context of the issues youidentified in your introductory paragraph(s). Finally, you need to write a concluding paragraphwhich brings your points together. Do not write everything you know about an area, or writeanswers that take the form of a series of notes. Your answer should be structured in the way de-scribed above and be written in good English.

For further guidance on how you will be graded please consult your Award Guide which containsan explanation of the criteria used to grade your work.

It is important that you practice answering questions and in particular take the opportunity to sub-mit a sample question for marking and feedback. This question is contained in the Practice Ques-tion section of the Module Planner.

ExaminationsThis module is assessed by one, two hour, unseen written examination. Examinations take placein September, January, and May of each year. The examination is in two parts: Part A is a com-pulsory question and counts for 50 per cent of the total grade, Part B has four questions of whichyou will be required to answer two only. Each of the questions in Part B is worth 25 per cent of thetotal grade.

The compulsory question in Part A is based on those topics which make up the Learning Project.You will find details of the Learning Project and the topic area covered by it at the end of the StudyUnits in this Module Planner. You should read this section carefully to identify those areas of themodule covered by the Learning Project.

You will, therefore, know in advance of the examination that there will be a substantial question onthe topics covered by the Learning Project. When you write the examination you should make surethat you devote 50 per cent of the time to the question in Part A. Your answer to this questionshould normally be about twice as long as your answer to the two questions in Part B.

The purpose of the Learning Project is to allow you to study a significant part of the syllabus indepth in the sure knowledge that you will be examined on it. In this way, hard-working studentswho have studied their materials thoroughly will be able to write an in-depth answer and have fullcredit for the work they have done reflected in the grade awarded.

There is no assessed coursework for this module. The total grade for the module is based uponthe unseen written examination. Although you should make sure that you cover the whole sylla-bus, it is particularly important that you study those syllabus topics which are covered by theLearning Project thoroughly so that you can write a complete answer to the compulsory questionin Part A and take advantage of the fact that this question is worth 50 per cent of the grade.

The examination is a two-hour examination with an additional 15 minutes reading time. It is an un-seen examination. You will, however, be able to take into the examination an unmarked copy ofyour 150 Leading Cases, Statute Book and Law Update (this means that you should not write onthese materials; you are only allowed to underline or highlight part of the text). As stated above,you will also know what topics will be covered by the compulsory question in Part A of theexamination, provided you have studied the details of the Learning Project at page 44 of this Plan-ner.

A Brief Guide to Study SkillsAs a distance learning student you will undoubtedly have other demands on your time. It is, there-fore, important that you use your time effectively. The following tips are intended to help you doso.

Time Management

Be realistic.Work out what time you have available for study; take out time for sleeping, eating, recrea-tion, etc.Try to plan ahead – do not leave everything to the last minute.Prioritise – do not do the easiest task first, but the one that really needs to be done first.Set objectives which are reasonable, and make sure that they are somewhere you seethem.Break large tasks into manageable sub-tasks and set target dates against each sub-task.Keep a wall planner chart.Try doing the most difficult things when you feel at your best.Remember the unexpected always happens, so be flexible – don’t get angry when planshave to change.

Effective Reading

Reading

Read with purpose (what questions have to be answered?).Read selectively – scan and skim – only read in detail what you need to.Mentally recite what you have just read.Make notes at appropriate points – bullet points, do not rewrite the whole book.

Review

Did I answer the questions I wanted to?Do I understand and remember what I read?

Studying

Where?

Choose somewhere that is conducive to study. You need: a large table or desk; a suitablechair; a bookcase; adequate, suitable lighting; adequate ventilation; reasonable tempera-ture – too cold,you can’t concentrate – too warm, you will go to sleep.Banish distractions – magazines, radio, telephone, TV.Decide where you study best, and try to keep to it.

When?

When you are alert.Not when you are too tired.When it is the best time of day for you – some people work better at night, others early inthe morning.

How?

Try studying for 50 minutes, break for 10 minutes, etc.Have all you need available – pens, pencils, dictionary, PC, etc.Avoid too much physical relaxation or you will go to sleep!Actively study – make notes, etc. It is difficult to just read for toolong; it makes you sleepy and you lose concentration.Remember to have breaks and do have time for relaxation.Set yourself targets, and give yourself rewards!

Practice Questions

At the end of each unit you will find Sample Questions, and at the end of the Planner is a PracticeQuestion and Suggested Answer. strongly advised to submit at least one answer to either a Sam-ple Question or the Practice Question for marking. Unless you do so you will not gain any insightinto your strengths and weaknesses.

Introduction to Study UnitsThe Study Units deal with the individual topics covered by the module. The module is brokendown into Study Units to enable you to look at each area of law in digestible parts. You must workthrough each Study Unit in order, ensuring that you understand the material covered by each Unitbefore progressing on to the next one.

Each Study Unit is broken down into four major sections.

Reading List

This indicates what reading you must do (Essential Reading) in order to cover all of the materialset in the Unit. All material listed in the Essential Reading is provided as part of your study materi-als. You can, if you wish, further your knowledge and understanding by completing the GeneralReading in each Unit. These materials are not essential for you to complete the course, but youmay find them useful in your study. Such materials are not supplied, and you are responsible forobtaining copies of the titles listed in the General Reading. Details are given in the Reading List ofsuppliers.

Case Law and Statutes

This section directs you to those cases and statutes that you will need to read and understand inorder to complete the Unit. All materials listed here can be found in your Textbook or 150 LeadingCases.

Self-Study Questions

These are questions designed to set the parameters of the Study Unit and to test your applicationof the basic principles.

Sample Questions

These may be essay or problem questions, often taken from past examination papers. You shouldattempt your own answers to all of these questions.

Reading List

These are the titles that you will use throughout the course. They are referred to in the readingsection of each Study Unit, to guide you in your learning.

Essential Reading

All materials listed here must be read in order for you to understand the module. These books aresupplied as part of your study materials.

• Criminal Law TextbookMolan (4th edition 2006) Old Bailey Press• Criminal Law 150 Leading CasesMolan (4th edition 2007) Old Bailey Press• Criminal Law Statute BookCracknell (4th edition 2003) Old Bailey Press

General Reading

These materials are not supplied, and are not essential to pass the module. You may, however,wish to refer to them to deepen your understanding of the topics covered by the course. You areresponsible for obtaining your own copies of these titles. If you choose to do so, you should beable to purchase them by contacting Hammicks Legal Bookshops at 192 Fleet Street, LondonEC4A 2NJ; tel: +44 (0)20-7405- 5711 or you can order online at www.hammickslegal.co.uk.

Ormerod, D, “Smith & Hogan Criminal Law” (2005), 11th edition, OxfordOrmerod, D, “Smith & Hogan Criminal Law Cases & Materials”(2006), 9th edition, Oxford.Principles of Criminal LawAshworth, A, Principles of Criminal Law, 5th edition (2006), OxfordCriminal LawJefferson (8th edition 2007) Addison Wesley LongmanCases and Materials on Criminal LawElliott and Wood (9th edition 2006) Sweet & Maxwell

In addition, in each Study Unit you will find a list of cases which should be consulted. Summariesof these can be found in the 150 Leading Cases; cases marked with an * are referred to in theTextbook. If you have access to the Internet you may wish to take advantage of the legal materialsavailable via this source. See your Award Guide for details.

For those students who have never studied the law, certain terminology used may be difficult tounderstand at first. As you progress through the course, you will learn a range of new words andphrases that are frequently used in the study of law. If you encounter any difficulties with the termi-nology used, however, you will find it useful to refer to a legal dictionary, which will explain themeaning oflegal words and phrases in plain English. Mozley and Whitley’s Law Dictionary (12th edition 2001)by Butterworths is very helpful, and can be purchased through Hammicks Legal Bookshops.

Study Unit 1 Suggested minimum study hours: 20

Topic

Theft

This Unit covers material contained in the Learning Project.

Introduction

The criminal law of theft rests upon civil law concepts of ownership, property, contract and so on.In addition to analysing the relevant provisions of the Theft Act 1968, you will also study a consid-erable body of case law on this area.

Objectives

a To examine in detail the essential elements of theft.b To consider the problems associated with the interpretation of ‘appropriation’ and ‘belonging toanother’.c To consider the test for dishonesty and whether it can properly be regarded as a subjective ap-proach.

Essential Reading

These titles have been supplied as part of your study materials.Criminal Law Textbook – Relevant chaptersCriminal Law 150 Leading Cases – (See listed cases)

General Reading

These titles have not been supplied and are not essential reading, but you may wish to refer tothem to further your understanding.

Smith and Hogan: Criminal Law,Smith and Hogan–Relevant chapter(s)Smith and Hogan: Criminal Law: Cases and Materials, Smith and Hogan – Relevant Chapter(s)Principles of Criminal Law, Ashworth – Relevant Chapter(s)Criminal Law, Jefferson – Relevant Chapter(s)Cases and Materials on Criminal Law, Elliott and Wood – Relevant Chapter(s)

Case law and statute

ACTUS REUS

* Attorney-General’s Reference (No 1 of 1985) [1986] Crim LR 476; [1986] QB 491Chan Man-Sin v R [1988] 1 WLR 196* Davidge v Bunnett [1984] Crim LR 296Lawrence v Metropolitan Police Commissioner [1972] AC 626; [1971] 2All ER 1253* Lewis v Lethbridge [1987] Crim LR 59Oxford v Moss [1979] Crim LR 119; (1978) Cr App R 183* R v Adams [1993] Crim LR 525R v Arnold [1997] 4 All ER 1 (CA)R v Atakpu; R v Abrahams [1993] 3 WLR 812; [1993] 4 All ER 215 (CA)R v Gilks [1972] 3 All ER 280; [1972] 1 WLR 1341R v Gomez [1993] 1 All ER 1; [1993] Crim LR 304; [1993] AC 442; [1992] 3 WLR 1067 (HL)R v Hall [1972] 2 All ER 1009; [1973] QB 126Gallasso (1994) 98 Cr App R 284R v Hinks [2001] 2 AC 241Briggs [2004] 1 Cr App R 34R v Kelly [1998] 3 All ER 741* R v Mazo [1997] 2 Cr App R 518 (CA)* R v Meredith [1973] Crim LR 253R v Morris [1984] AC 320* R v Shadrokh-Cigari [1988] Crim LR 465R v Tabassum [2000] Crim LR 686 (CA)* R v Turner (No 2) [1971] 2 All ER 441R v Williams (Roy) (2000) The Times 25 October (CA)

MENS REA

R v Feely [1973] 1 QB 530R v Fernandes [1996] 1 Cr App R 175 (CA)R v Ghosh [1982] 2 All ER 689; [1982] 1 QB 1053* R v Holden [1991] Crim LR 478Wood [2002] EWCA Crim 832R v Marshall; R v Coombes; R v Eren (1998) 2 Cr App R 282 (CA)R v Velumyl [1989] Crim LR 299Theft Act 1968: ss1–6 (theft)

Cases marked with an * can be found in your Textbook; all other casescan be found in your 150Leading Cases.


1 How is appropriation defined?2 Can a bona fide purchaser for value ever steal the property he thought he was buying (sees3(2))?3 Can there be an appropriation if the accused is merely doing something he is authorised to do?4 How is property defined?5 Is a subjective or an objective test to be applied in relation to the mens rea of theft?6 Can borrowing ever amount to theft?7 In what circumstances should s6 be referred to?

Sample Questions

1 ‘Consent is irrelevant when considering whether the defendant has appropriated the property.’

Discuss.(Wolverhampton LLB by Distance Learning Question.)

2 Harold, whilst in a shop, picked up two pairs of shoes and put the price label from the cheaperpair on to the more expensive pair. He then went to the cashier and paid the lower price. Greedysaw hundreds of wild mushrooms in the woods opposite his house. With a large box he went overand picked the mushrooms until his box was full. When he got home he decided he had too manyandpacked them into smaller boxes and offered them for sale to the local villagers.Able was employed by Fred. Able asked for an advance of his wages, as he needed to buy apresent for his wife. At the end of the week Fred had forgotten about the advance and gave Ablehis full wages. When he received his wages, Able spent the whole amount.

Explain your answers to the following.a What would be the relevant charge for Harold to face?b What would be the relevant charge for Greedy?c Does Able incur any criminal liability and if so, on what basis?d Explain the impact of the R v Ghosh test on any charge of theft that arises from the above sce-nario.(Wolverhampton LLB by Distance Learning, January 2001,Question 1.)


Topic

Deception Offences and the Fraud Act 2006

Introduction

In general terms, deception and Fraud Act offences are typically where an advantage (property, aservice, etc) is gained by the telling of a lie. In this Unit, you will examine the range of offenceswhich fall under this heading.The Fraud Act 2006 is effective from January 15th 2007. The 2006 Act is not retrospective:Cases arising before January 2007 are charged under the Theft Acts.Appeals will continue on deception offences.This unit includes both the Theft Acts 1968 & 1978 deception offences and the Fraud Act 2006offences.

Objectives

a To consider the meaning of deception under s15(4).b To examine the individual sections.c To consider in detail and by example what situations would be sufficient to amount to ‘operativedeception’.d To consider the overlap between s15 and s1 Theft Act 1968.e To consider whether the Theft Act 1978 has dealt adequately with the deficiencies of the 1968Act, and if not, what further changes in the law would be beneficial.f To consider the offence of making off without payment under s3 Theft Act 1978.g To understand the Fraud Act 2006 which replaces ALL deception offences committed after 1st

January 2007 and creates new offence of Fraud which can be committed three ways

Essential Reading

These titles have been supplied as part of your study materials.Criminal Law Textbook – Relevant chaptersCriminal Law 150 Leading Cases – (See listed cases)The Fraud Act 2006

General Reading

These titles have not been supplied and are not essential reading, but you may wish to refer tothem to further your understanding.

Smith and Hogan: Criminal Law, Smith and Hogan – Relevant Chapter(s)Smith and Hogan: Criminal Law: Cases and Materials, Smith andHogan – Relevant Chapter(s) Principles of Criminal Law, Ashworth – Relevant Chapter(s)Criminal Law, Jefferson – Relevant Chapter(s)Cases and Materials on Criminal Law, Elliott and Wood – RelevantChapter(s)D. Ormerod The Fraud Act 2006 – Criminalised Lying 2007 Crim L R 193

Case law and statutes

THEFT ACT 1968: SS15 AND 16

* Davies v Flackett [1972] Crim LR 708; (1972) 116 Sol Jo 526DPP v Ray [1974] AC 370; [1973] 3 All ER 151* Metropolitan Police Commissioner v Charles [1977] AC 177; [1976] 1 All ER 659 (HL)R v Callender [1992] 3 WLR 501; [1992] 3 All ER 51* R v Caresana [1996] Crim LR 667 (CA)* R v Clucas [1949] 2 All ER 40; [1949] 2 KB 226R v Coady [1996] Crim LR 518 (CA)R v Doukas [1978] 1 All ER 1061; (1977) 66 Cr App R 228R v Ghosh [1982] 1 QB 1053R v Gomez [1993] AC 442; [1993] Crim LR 304; [1992] 3 WLR 1067 (HL)* R v Graham, Ali and Others [1997] 1 Cr App R 302R v King and Stockwell [1987] 2 WLR 746; [1987] Crim LR 398R v Lambie [1981] 1 All ER 332; [1981] Crim LR 712* R v Miller [1992] Crim LR 744* R v Nabina [2000] Crim LR 481* R v Preddy; R v Slade [1996] 3 WLR 255; [1996] 3 All ER 481 (HL)R v Rashid [1977] 2 All ER 237* R v Wheeler (1990) 92 Cr App R 279* R v Widdowson [1986] Crim LR 233

THEFT ACT 1978: SS1, 2 AND 3

R v Allen [1985] 2 All ER 641; [1985] AC 1029 (HL)* R v Andrews and Hedges [1981] Crim LR 106R v Aziz [1993] Crim LR 708 (CA)* R v Brooks and Brooks (1982) 76 Cr App R 66* R v Halai [1983] Crim LR 624R v Holt and Lee [1981] 2 All ER 834* R v Jackson [1983] Crim LR 617* R v McDavitt [1981] Crim LR 843* R v Price (1990) 90 Cr App R 409* R v Sibartie [1983] Crim LR 470* Troughton v Metropolitan Police Commissioner [1987] Crim LR 138Theft Acts 1968: ss15 and 16Theft Act 1978: ss1–3Cases marked with an * can be found in your Textbook; all other cases can be found in your 150Leading Cases.


1 What is the actus reus of the offence contained in s15 Theft Act 1968?2 What is a deception (see s15(4))?

3 What is the actus reus of s16 Theft Act 1968?4 What is the effect of s1(2) Theft Act 1968?5 Consider separately the actus reus and mens rea of:a s2(1)(a) Theft Act 1978;b s2(1)(b); andc s2(1)(c).6 What extra element of mens rea must be shown under s2(1)(b)?7 Which element need not be shown to satisfy the offence contained in s3?8 What is the definition of false representation? Does it differ from that of deception?9 What is the major difference between the fraud offences and the deception offences?10 In what three ways might the offence of fraud be committed?11 State and explain the basic requirements of each of the three fraud offences.

Sample Questions

1 A decided to make some improvements to her home. She ordered a fitted kitchen from B, whichB installed on Monday. The cost of £3,500 was due to be paid in full within seven days. On Satur-day A rang B and said she would be unable to pay for a further two weeks because of lack offunds. This was untrue but B believed her and agreed to wait another two weeks. A never paid. Aordered double glazing from C. By agreement, A was to pay C’s employee, D, at the time of fittingthe double glazing. When D asked for the money, A told him that she had already paid C. D be-lieved her and completed the work. A did not pay. A approached E, her bank manager, with a viewto obtaining an overdraft. E agreed to provide the facility, but only because she believed A’s storythat it was to be used in payment for home improvements. A purchased a car with it instead.

Discuss the possible offences committed by A.(Wolverhampton LLB by Distance Learning Question.)

2 D booked into an hotel. Later that evening, he noticed a wedding party in the foyer and he decid-ed to mingle with them in the hope of obtaining a free drink. The waiters assumed he was a wed-ding guest and he was shown to a seat and served with a meal, which he consumed. C, themanager, was suspicious of D and challenged him. D agreed to pay for the meal and C acceptedhis cheque. (Later, when C presented this cheque, it was dishonoured.) C asked D to settle hishotel bill and leave. D offered to pay by credit card, but, before accepting, C checked her stop-listfor D’s name. D had recently been warned by the credit card company not to use the card sincehe owed them a large sum, but his name did not appear on C’s list. C accepted payment by thecard.

Examine the offences with which D may be charged.(Wolverhampton LLB by Distance Learning Question.)Criminal Law 2

3 D bought a ticket for a train journey, using his brother's Railcard in order to obtain a cheaper fare.On arrival at his destination, he went into a nearby restaurant and ordered a meal, consumed it andleft without paying. What offences under the Theft Acts 1968 and 1978, and the Fraud Act 2006may have been committed (excluding theft)?

State and explain all relevant principles.


Topic

Burglary and Handling Stolen Goods

I

ntroduction

Burglary can be seen as a fairly broad-based violation of domestic or non-domestic property in-volving one of a number of serious offences. Handling stolen goods is viewed with particular seri-ousness, as thefts would be far less likely to occur if there were no one to deal with the stolengoods.

Objectives

a To consider the elements of the offence of burglary.b To consider the elements of the offence of handling stolen goods.c To consider the overlap between the offences of theft and handling, in particular where a bonafide purchaser or donee receives stolen goods.

Essential Reading


General Reading

These titles have not been supplied and are not essential reading, but you may wish to refer tothem to further your understanding.Smith and Hogan: Criminal Law, Smith and Hogan – Relevant Chapter(s)Smith and Hogan: Criminal Law: Cases and Materials, Smith and Hogan – Relevant Chapter(s)Principles of Criminal Law, Ashworth – Relevant Chapter(s)Criminal Law, Jefferson – Relevant Chapter(s)Cases and Materials on Criminal Law, Elliott and Wood – Relevant Chapter(s)


BURGLARY: SS9 AND 10 THEFT ACT 1968

* Attorney-General’s References (Nos 1 and 2 of 1979) [1979] 2 WLR 578R v Collins [1973] QB 100; [1972] 2 All ER 1105* R v Kelly [1993] Crim LR 763; (1992) 97 Cr App R 245R v Ryan [1996] Crim LR 320 (CA)* R v Stones [1989] 1 WLR 156R v Walkington [1979] 1 WLR 1169; (1978) 68 Cr App R 427Theft Act 1968: ss9 and 10HANDLING STOLEN GOODS: S22 THEFT ACT 1968* Attorney-General’s Reference (No 1 of 1974) [1974] 2 All ER 899; [1974] 1 QB 744* Attorney-General’s Reference (No 4 of 1979) [1981] 1 All ER 1193;(1980) 71 Cr App R 341R v Bloxham [1982] 1 All ER 582R v Grainge [1974] 1 All ER 928R v Kanwar [1982] 1 WLR 845* R v Park [1988] Crim LR 238R v Pitchley (1973) 57 Cr App R 30* R v Roberts [1986] Crim LR 122* R v Toor [1987] Crim LR 122* R v Wheeler (1990) 92 Cr App R 279Theft Act 1968: ss1 and 22

Cases marked with an * can be found in your Textbook; all other cases can be found in your 150Leading Cases.

Self-Study Questions1 When is an ‘entry’ made into a building (see R v Collins and R v Ryan)?2 Can a defendant be a trespasser for the purposes of s9(1) if he has permission to enter thebuilding?3 What extra elements have to be shown to found a conviction under s10 Theft Act 1968?4 What is receiving?5 What is undertaking or assisting in the retention of stolen goods?6 When will a thief not be a handler?7 What is the mens rea for handling?8 Are ‘strong suspicions’ that the goods are stolen sufficient for s22 Theft Act 1968?

Sample Questions

1 Stan, who had been drinking heavily, got out of his friend’s car and walked up to the front door ofa house which Stan believed to be his. In fact Stan was in the wrong street, though the houseswere identical. Failing to make the key work, Stan started to climb up a drainpipe, but it gave wayunder his weight. Finally, Stan smashed glass in the front door and let himself in. When inside thehallway, Stan realised that he was in the wrong house. He picked up a coat that was hanging inthe hall because it had started to rain, and walked home. Stan had left the front door of the househe had entered wide open. As a result, a group of teenagers passing at 3am saw the open door,entered the house, drank the alcohol, damaged the furniture and played the records which wereon the premises. One of the teenagers proved to be Stan’s 13-year-old daughter, Tina, who hadfelt guilty during the intrusion and had played most of the records.

Advise Stan and Tina of their criminal liability, if any.(Wolverhampton LLB by Distance Learning Question.)

2 Consider the criminal liability, if any, of A and C in the following cases.a A fine horse is offered to A at a ridiculously low price by B, who is known as a horse thief. A, be-lieving the horse to be stolen, buys the same without inquiry. In fact the horse had been raisedfrom a colt by B and was not stolen.b D has stolen a quantity of shirts. C, on the telephone, agrees to collect the shirts from D, in orderto hide them for a while in his (C’s) home. The police overhear this conversation. They then arrestD and seize the shirts. On his way to D’s premises, C’s car breaks down. He is seen in that situa-tion by the policemen who are taking the shirts to the police station. They arrest C.(Wolverhampton LLB by Distance Learning Question.)


Topic

Participation

Introduction

This Unit examines the different ways in which a person can help another commit an offence, andthe requisite mens rea necessary before such ‘help’ will amount to a criminal offence.

Objective

To examine the difference in the modes of participation sufficient to amount to criminal liability.

Essential Reading


General Reading


Case law and statutes

Attorney-General’s Reference (No 1 of 1975) [1975] 2 All ER 684; [1975] 3 WLR 11Attorney General’s Reference (No. 3 of 2004) [2006] Crim LR 63 (CA) 26* Blakeley and Sutton v DPP [1991] Crim LR 763Chan Wing Siu v R [1985] AC 168; [1984] 3 All ER 877* Davies v DPP [1954] AC 378; [1954] 1 All ER 507* DPP for Northern Ireland v Maxwell (1978) 68 Cr App R 128* Hui Chi-Ming v R [1991] 3 All ER 897; [1991] 3 WLR 495 (PC)Johnson v Youden [1950] 1 All ER 300; [1950] 1 KB 544* National Coal Board v Gamble [1958] 3 All ER 203; [1959] QB 11R v Alford (JF) Transport Ltd [1997] 2 Cr App R 326R v Anderson and Morris [1966] 2 All ER 644; [1966] 2 QB 110R v Bamborough [1996] Crim LR 744 (CA)Bryce [2004] 2 Cr App R 35 (CA)R v Betts and Ridley (1930) 22 Cr App R 148R v Bourne (1952) 36 Cr App R 125R v Calhaem [1985] 2 WLR 826R v Clarkson [1971] 1 WLR 1402R v Cogan and Leak [1975] 2 All ER 1059; [1975] 3 WLR 316Concannon [2002] Crim LR 213* R v Dunnington [1984] QB 472O’Flaherty [2004] 2 Cr App R 315 (CA)

R v Gilmour [2000] 2 Cr App R 407* R v Greatrex (1998) The Times 2 April (CA)* R v Grundy [1977] Crim LR 543R v Leahy [1985] Crim LR 99R v Loukes (1995) The Times 26 DecemberMarchant [2004] 1 WLR 442* R v Perman [1996] 1 Cr App R 24R v Powell and Daniels; R v English [1997] 3 WLR 959 (HL)* R v Roberts (1993) 96 Cr App R 291; [1993] 1 All ER 583R v Rook [1993] 1 WLR 1005; [1993] 2 All ER 955 (CA)* R v Salford Health Authority, ex parte Janaway [1988] 3 WLR 1350R v Saunders and Archer (1573) 2 Plowd 473R v Smith [1988] Crim LR 616R v Stewart and Scholfield [1995] 1 Cr App R 441; [1995] 3 All ER 159 (CA)R v Uddin [1998] 2 All ER 744 (CA)R v Whitefield (1983) 79 Cr App R 36* Thornton v Mitchell [1940] 1 All ER 339Accessories & Abettors Act 1861: s8 (secondary parties)Criminal Law Act 1967: ss1, 4, 5(1) and (2)


Self-Study Questions1 What is a principal?2 What is an aider?3 What is an abettor?4 What is meant by the term ‘constructive presence’?5 What must a party do to ‘withdraw’ effectively from the scene of a crime?6 In order to be liable, must the secondary party have the same mens rea as the principal?

Sample Question

Philip persuades Tony to join him on a robbery. The plan is to way-lay a shopkeeper as he is tak-ing money to pay into a bank. Philip is to snatch the bag from the victim while Tony keeps watch ayard or so away and prevents interference from any passers-by. On the morning of the event,Tony says to Philip that no violence must be used on the victim. Philip replies: ‘OK, but I may haveto knock him out’. Tony accepts this idea, but adds: ‘That’s as far as it will go’. The two follow theshopkeeper on his walk to the bank and in a quiet street Philip runs up to him and grabs his bag.The shopkeeper struggles to escape,but Philip knocks him down and wrestles the bag from his grasp. Philip and Tony then start to runaway, but Philip, hearing the victim shout loudly for help, runs back, pulls out a cosh and beatshim severely on the head with it. The shopkeeper dies as a result of this beating.

Discuss the criminal liability of Philip and Tony.(Wolverhampton LLB by Distance Learning Question.)


Topic

Strict, Vicarious and Corporate Liability

Introduction

Offences that can be established without proof of mens rea are known as ‘strict liability’ offences.An employer can be convicted of certain offences committed by his employee via the principle ofvicarious liability. Finally, companies themselves can have corporate liability for criminal offences.Note that this Unit involves a detailed consideration of mens rea issues. Reference should also bemade to LD2002 Criminal Law 1, Study Unit 1 for essential reading and case law on mens rea.

Objectives

To provide an opportunity for a detailed consideration of mens rea issues especially in the contextof:a ‘strict liability’;b vicarious liability; andc corporate liability (in outline only).

Essential Reading


General Reading

These titles have not been supplied and are not essential reading, butyou may wish to refer to them to further your understanding.Smith and Hogan: Criminal Law, Smith and Hogan – Relevant Chapter(s)Smith and Hogan: Criminal Law: Cases and Materials, Smith and Hogan – Relevant Chapter(s)Principles of Criminal Law, Ashworth – Relevant Chapter(s)Criminal Law, Jefferson – Relevant Chapter(s)Cases and Materials on Criminal Law, Elliott and Wood – Relevant Chapter(s)

Case law and statutes* Allen v Whitehead [1929] All ER 13; [1930] 1 KB 211* Alphacell Ltd v Woodward [1972] 2 All ER 475; [1972] AC 824B v DPP [2000] 1 All ER 833* DPP v Rogers [1992] Crim LR 51* Gammon Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503;(1984) 80 Cr App R 194* Howker v Robinson [1972] 2 All ER 786; [1973] 1 QB 178Lennard’s Carry Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705Meridian Global Funds Management Asia v Securities Commission[1995] 3 WLR 413; [1995] 3 All ER 918 (PC)* National Rivers Authority v Alfred McAlpine Homes East Ltd [1994] 4 All ER 286Pharmaceutical Society of Great Britain v Storkwain [1986] 1 WLR 903* R v Bezzina; R v Codling; R v Elvin [1994] 1 WLR 1057; [1994] 3 All ER 964 (CA)* R v Conway and Burke [1994] Crim LR 826 (CA)* R v Coroner for East Kent, ex parte Spooner (1989) 88 Cr App R 10* R v Lewis [1988] Crim LR 517; (1987) 87 Cr App R 270* R v McNamara (1988) 87 Cr App R 246R v P & O European Ferries (Dover) Ltd (1991) 93 Cr App R 72Rowley v DPP [2003] EWHC 693* R v Wells Street Metropolitan Stipendiary Magistrate, ex parteWestminster City Council (1986) The Times 22 May* R v Winson [1969] 1 QB 371* Readhead Freight Ltd v Shulman [1988] Crim LR 696* Richmond upon Thames LBC v Pinn and Wheeler Ltd [1989] Crim LR 510Sweet v Parsley [1969] 1 All ER 347; [1970] AC 132 (HL)Tesco Supermarkets Ltd v Natrass [1972] AC 153; [1971] 2 All ER 127* Vane v Yiannopoullos [1965] AC 486Warner v Metropolitan Police Commissioner [1969] 2 AC 256 (HL)Dangerous Dogs Act 1991Misuse of Drugs Act 1971: s28



PRINCIPLES OF MENS REA

1 Distinguish between an objective standard and a subjective standard.2 Define and distinguish between ‘basic intent’, ‘specific intent’ and ‘ulterior intent’.

STRICT LIABILITY

3 What is meant by the term ‘strict liability’?4 What is meant by the term ‘absolute liability’?

VICARIOUS LIABILITY

5 What is meant by the term ‘vicarious liability’?6 Explain the delegation principle.

CORPORATE LIABILITY

7 Explain the doctrine of corporate liability.

Sample Questions

STRICT LIABILITY

1 Explain the criteria employed by the courts when deciding whether a statute gives rise to strictliability. Illustrate your answer with appropriate authorities.(Wolverhampton LLB by Distance Learning, May 2001, Question 5.)

VICARIOUS AND CORPORATE LIABILITY

2 In what circumstances does the criminal law impose liability on an employer for offences com-mitted by his employee? Does the fact that the employer is a limited company affect liability in anyway?(Wolverhampton LLB by Distance Learning Question.)


Topic

Law Reform: Topical Issues Arising From Any Area of the Criminal Law

Introduction

In this Unit we will examine a range of proposals for law reform in various areas of the criminallaw.

Objective

To examine topical proposals for reform in the criminal law.

Essential Reading

These titles have been supplied as part of your study materials.Criminal Law Textbook – Relevant chapters

General Reading



1 What suggestions can be made to simplify the meaning of intention, recklessness and grossnegligence?2 Should murder and manslaughter become a single offence?3 Why should manslaughter be reformed?4 What problems have arisen in the context of non-fatal offences and what solutions have beenproposed for their resolution? Have any been implemented?5 Is there a need to reform the law relating to defences?

Sample Question

Reform of the criminal law is a much debated issue. Identify an area within the criminal law thatyou have studied where you believe reform is vital.Give reasons and examples to support your answer.(Wolverhampton LLB by Distance Learning, September 2001,Question 4.)

Learning Project Suggested minimum study hours: 50

In common with all the modules that form part of the LLB by Distance Learning programme thismodule involves a Learning Project. Undergraduate students at the University of Wolverhamptonare required to demonstrate that they are capable of independent research before they can berecommended for the award of a degree. For distance learning students this is assessed by refer-ence to theLearning Project you undertake in respect of each module. It requires you to pay specific attentionto a list of defined reading. Commonly covering a range of cases and statutes you are required todemonstrate your mastery of the area(s) of law concerned by undertaking a compulsory questionas part of the end of module examination. This will commonly take the form of an extended legalproblem and require you to demonstrate not only that you understand the areas of law concernedbut are able to apply them clearly and without error. It could also take the form of an essay ques-tion requiring you to demonstrate an ability to comment on linked areas of law. Particular attentionwill be paid to the accuracy with which you cite the law and the arguments of those responsible foritsdevelopment. You will also be expected to demonstrate that you understand, and have not beenconfused by, the ambiguities and contradictions that exist in the undergraduate study of the law.

This question, which will change with each examination paper, will account for 50 per cent of theoverall grade and require you to devote one hour of the two-hour examination period to it. Pleasenote that for each examination you are allowed 15 minutes’ reading time on top of the two hoursyou have to write your answers. You may also take into the examination the relevant 150 LeadingCases and Statute Book. Please note that these may not contain any additional notes or mark-ings.

Learning Project for Criminal Law 2: Theft

Essential Reading

Criminal Law Textbook (Relevant chapters) Molan (4th edition 2006) Old Bailey PressCriminal Law 150 Leading Cases (Relevant Chapter(s)) Molan (4th edition 2007) Old Bailey Press

Guidance notes

This Learning Project is covered by Unit 1 in your Module Planner. In carrying out your readingand research you should have special regard to the following key points.• Note the actus reus of theft.• Analyse the concept of appropriation, including the rights of an owner and how consent of theowner affects a theft charge.• What is meant by property and which property can be the subject matter of a theft charge?• Note Lawrence, R v Morris and R v Gomez.• The importance of property belonging to another.• Note the cases of R v Feely and R v Ghosh.• Look at s5(3) and s5(4) property obtained by mistake and the effect that this has, eg broadenings(1) of the Theft Act.• The significance of dishonesty, especially R v Feely and R v Ghosh.


ACTUS REUS

* Attorney-General’s Reference (No 1 of 1985) [1986] Crim LR 476; [1986]QB 491Chan Man-Sin v R [1988] 1 WLR 196* Davidge v Bunnett [1984] Crim LR 296Lawrence v Metropolitan Police Commissioner [1972] AC 626; [1971] 2All ER 1253* Lewis v Lethbridge [1987] Crim LR 59Oxford v Moss [1979] Crim LR 119; (1978) Cr App R 183* R v Adams [1993] Crim LR 525R v Arnold [1997] 4 All ER 1 (CA)R v Atakpu; R v Abrahams [1993] 3 WLR 812; [1993] 4 All ER 215 (CA)R v Gilks [1972] 3 All ER 280; [1972] 1 WLR 1341R v Gomez [1993] 1 All ER 1; [1993] Crim LR 304; [1993] AC 442;[1992] 3 WLR 1067 (HL)R v Hall [1972] 2 All ER 1009; [1973] QB 126Gallasso (1994) 98 Cr App R 284R v Hinks [2001] 2 AC 241Briggs [2004] 1 Cr App R 34R v Kelly [1998] 3 All ER 741* R v Mazo [1997] 2 Cr App R 518 (CA)* R v Meredith [1973] Crim LR 253R v Morris [1984] AC 320* R v Shadrokh-Cigari [1988] Crim LR 465R v Tabassum [2000] Crim LR 686 (CA)* R v Turner (No 2) [1971] 2 All ER 441R v Williams (Roy) (2000) The Times 25 October (CA)

MENS REA

R v Feely [1973] 1 QB 530R v Fernandes [1996] 1 Cr App R 175 (CA)R v Ghosh [1982] 2 All ER 689; [1982] 1 QB 1053* R v Holden [1991] Crim LR 478Wood [2002] EWCA Crim 832R v Marshall; R v Coombes; R v Eren (1998) 2 Cr App R 282 (CA)R v Velumyl [1989] Crim LR 299Theft Act 1968: ss1–6 (theft)


Sample Questions

1 Richard lent his textbook to Ian so that Ian could prepare for his seminar. Ian never intended toreturn the book as he believed it belonged to Jane, who had lost her book several days earlier.This was an unreasonable belief. Ian then sold the textbook for £20. Jane, passing through thewoods, spotted some wild mushrooms which she picked and sold to Richard. Richard shared a flatwith two others. Each of them agreed to pay equal amounts towards the heating bill. When Rich-ard asked the others for their share they gave him a cheque for £50. Richard spent the money onclothes for himself, never intending to pay the bill.

a What offence could Ian be charged with and why?b What offence could Richard be charged with and why?c Identify the appropriation in each scenario.d What will be the test for dishonesty – is it subjective or objective?Explain your answers.

(Wolverhampton LLB by Distance Learning Question.)

2 Ann worked for a large company. When she arrived at work she put her imitation leather brief-case in the cloakroom. That evening when she left for home she took by mistake a similar brief-case from nearby. It was a few days later when she realised the mistake, and the label said ‘realleather’, so she then decided to keep it. Able decided to have an extension built to his factory.Lewis agreed to do the work and asked for £10,000 in advance to buy materials. Able gave Lewisthe money; however, Lewis did not start the building, and instead Lewis spent the money on a carfor himself.a In relation to the briefcase, explain what would be the relevant charge and why?b In relation to the extension, explain what would be the relevant charge and why?c What possible defences could be raised to these charges?d Critically assess and evaluate the role of s5 of the 1968 Theft Act in extending the meaning oftheft.Give full explanations for your answers.

(Wolverhampton LLB by Distance Learning, September 2001, Question 1.)

Practice Question and Suggested

Answer

The following test is designed for practice only and does NOT count as part of the assessmentregime. A Suggested Solution is, however, offered in the following section. Students are advisednot to consult this solution until they have completed the test. It is expected that you will returnyour answer to the College for marking and feedback.

Unless you undertake such work you will not gain an insight into your academic strengths andweaknesses before you attempt the examination.

Before attempting your answer, please ensure that you understand the assessment criteria ex-plained in the Award Guide, and the guidance contained in the section of the Module Plannerheaded ‘Skills to be Developed and examined’.

Question

Ian worked in a restaurant. One evening as he was about to leave the restaurant, he took £20from the till to go to the local night-club. The manager of the restaurant had told employees thatunder no circumstances were staff to take money from the till. The next day, the manager discov-ered that £20 was missing and dismissed Ian. On the train on the way home, Ian found a briefcaseon an empty seat and decided to keep it. When he arrived home and opened his final wage pack-et, Ian realised that the manager had overpaid him £20. Since he felt he had been badly treatedIan decided to keep the overpayment.

Answer the following questions. Illustrate your answers with relevant case and statute law.a In relation to the money from the till, what would be the most appropriate charge and why?b If you were representing Ian in relation to the theft of the briefcase what arguments would youput forward and why?c Illustrate the nature of the R v Ghosh test and how it might assist Ian.d Explain Ian’s liability, if any, in relation to the overpayment of £20. Would your answer be differ-ent if Ian spent the extra £20 on food and drink?

(Wolverhampton LLB by Distance Learning, May 2001, Question 1.)

Suggested Answer to Practice Question

NB: Do not consult this solution until you have completed the test.

Outline Answer

This question required a discussion of various offences relating to theft. In answering the questionset, students should have considered the following key points.

• Section 1(1) Theft Act 1968; offence of theft; dishonest appropriation of property belonging toanother; intention to ‘permanently deprive’?• Section 4(1) Theft Act 1968; items capable of being stolen.• Section 5(1) Theft Act 1968; property belonging to another.• Lost and abandoned property: s2(1)(c) – reasonable steps.• Test of dishonesty in Ghosh.

Answer

Note: this answer is based on one written by a distance learning student covering the question setas part of an examination.

This question requires a detailed consideration of various areas of theft and appropriation in rela-tion to relevant case law. As has been demanded, it is of great importance to discuss the case ofGhosh (1982) and the ways in which it might assist Ian. Various other aspects have to be takeninto consideration in relation to this question, systematically and with reference to relevant caselaw.a In relation to the money from the till, the most appropriate charge would be one of theft unders1(1) of the Theft Act 1968. It provides that a person is guilty of theft where he dishonestly appro-priates property belonging to another, with the intention of permanently depriving the innocent par-ty of it, and theft will be construed accordingly. A person who is guilty of theft and has beenchargedof it following a trial on indictment will be imprisoned for no more than seven years. It is very im-portant to discuss five things in relation to theft. Firstly, the meaning of property; secondly, themeaning of property belonging to another; thirdly, appropriation; fourthly, mens rea required fortheft and the meaning of

dishonesty as well as, fifthly, the meaning of permanently depriving a person of his property. Sec-tion 4(1) of the Theft Act states that property means allproperty including money and personal property, and it is also extended to intangible property.Thus s4(1) is extended to protect copyright, debts, patents and shares. As was stated in R v Kohn(1979) where a bank account is in credit and D forges P’s signature, D will be guilty of appropria-tion. In Chan Man-Sin(1988) it was said that the law also applied where a bank account was in credit, as well as wherethere was an overdraft facility. Oxford v Moss (1979) illustrates the fact that information falls out-side the scope, and thus cannot be stolen. A human corpse is not property for the purposes oftheft as was stated in R v Sharpe (1857) unless skill has been exercised on it as in Doodeward vSpence (1908). In R v Rothery (1976) and R v Welsh (1974) it was said that blood and urine wereproperty for the purposes of theft: however, having discussed these things we should return to thecharge against Ian, which is theft. Ian took £20 from the till to go to the night-club. That money didnot belong to him and it was property belonging to the restaurant: s5(1) of the Theft Act. That it isenough for property to belong to another; even where he has possession of it or where hehas any proprietary interest in it it will suffice for the purposes of this section. In R v Turner (No 2)(1971) it was said that an owner could not remove his own property where another party was inpossession of it. However, in Meredith (1973) it was said that where the custodian of the propertyis not entitled to thepossession of that property, the defendant has no case to answer. In this case there was propertywhich did not belong to Ian, and by taking it away it can surely be said, as is evident from thequestion, that he had an intention to permanently deprive the restaurant of it. Ian can also becharged with appropriation under s3. By taking the £20 from the till, Ian was doing only what themanager of therestaurant could do, because employees were forbidden from taking money from the till. Caseslike R v Morris (1983) and Ngan (1997) stand as authority for the fact that where a person usurpsthe rights of the owner and does an act which only the owner can do, the defendant can becharged with appropriation. Whether appropriation can occur with the consent of the plaintiff is avery technical question, since this gives a conflict to the area of deception under ss15 and 5(1) ofthe Theft Act. In Lawrence v MPC (1972) there was a lot of conflict which occurred in relation towhether an appropriation could occur with the owner’s consent. However, it is seen from cited au-thorities that the courts are more likely to follow the case of Morris as it has set the basic principlesin relation to appropriation. Furthermore, it was said in R v Meech (1974), R v McPherson (1973),Eddy v Niman (1981) and Skipp (1975) that appropriation would occurwhere there was an unauthorised act, and it can be seen that Ian was not authorised to take themoney from the till. R v Morris has been followed by cases like Fritschy (1985). Further, the caseof Gomez (1993) is of paramount importance in relation to appropriation. It was said in this casethat when theftis alleged and that which is alleged to be stolen passes to the defendant with the consent of theowner but by false representation, it comes within s1(1) of the Theft Act. However, in this questionIan never had consent and he did the unauthorised act on his own account, which makes his posi-tion all the morevulnerable to a charge of theft. The mens rea required for theft is dishonestly appropriating proper-ty with the intention of permanently depriving the owner ofit. Dishonesty has been discussed by s2(1) partially since it provides three examples of when aperson is not dishonest. Section 2(1)(a) says that a person is not dishonest where he believes thathe had a legal right to the property and his belief is subjective, as was said in R v Holden (1991).Also, under s2(1)(b) a person will not be guilty of such a charge if he believes he has the owner’sconsent, as is the case under s2(1)(c) where he comes across property which is lost and he takesreasonable steps to find the owner but where his efforts are in vain. In R v Small (1987) it was saidthat here the test is again subjective.Section 6(1) and 6(2) have given an artificially extended meaning to permanently depriving so thatconfusion will not be caused when it comes to borrowing. Section 6(1) of the Theft Act providesthat a person will be said to be depriving a person permanently where he uses the thing as his

own, and takes the benefit from it. It was said in R v Velumyl (1989) that even coins taken but laterreplaced could amount to permanently depriving, since the person could not replace theoriginal coins after having spent them. However, cases like Lloyd (1985) stand as strong authorityfor the fact that a person who merely deprives or borrows a thing for a temporary purpose cannotcome within s1(1) of the Theft Act.

Suggested Answer to Practice Question

It will be seen that Ian did take the money dishonestly and with an intention to permanently de-prive the restaurant: he can be charged under the Theft Act 1968.b Section 5(1) of the Theft Act deals with property belonging to another person. The briefcase wasproperty belonging to another person. However, it would be important to consider two exampleshere. Where a person comes across £10 in a street, that money belongs to someone else and nothim. Also, where a person comes across a newspaper in a passenger seat on a train it will beseen that the person who owned it is merely relinquishing his rights as owner by leaving the news-paper. These two examples can be discussed easily in relation to this part of the question. It wassaid in Hibbert v McKiernan (1948) that the interests of an owner of land would prevail whereitems were found on that land by the defendant, even if the land owner knew not of the item. How-ever, the argument that I would put forward for Ian would be that under s2(1)(c), where a personcomes across property and it has no owner, the defendant can keep the property after having tak-en reasonable steps to look for the owner. Here the questionsays that Ian decided to keep the briefcase, but it could be said that he then changed his mind lat-er and looked for the owner, and in looking for the owner he would take all reasonable steps whicha reasonable person would take, then he will not be dishonest. In R v Small (1987) the court con-cluded that where a man had taken all reasonable steps and had failed to trace the owner of lostproperty he could not be charged under the s1(1) Theft Act. This was because Small said it is aman’s reasonable belief that is of importance and the test, yet again, is subjective. c The nature ofthe Ghosh test could assist Ian in many ways. Inthis case it was said that a person could not be held guilty of theft in two circumstances. Firstly,where he was acting in a manner which reasonablepersons would not regard unreasonable and where reasonable people would approve of his acts.Secondly, where the person so acting himself had a belief that what he was doing was not dishon-est and that his acts were justified in relation to the circumstances surrounding them. An assertionby a defendant thathe thought he acted honestly does not have to be accepted, but has to be weighed like any otherpiece of evidence. If that was the defendant’s state of mind it may be that he is entitled to be ac-quitted. But if the jury, applying their own notions of what is honest and what is not, conclude thathe could not have believed he was acting honestly, then the element of dishonesty will have beenestablished. What a jury must do is to say to themselves ‘ifwe had been in this place we wouldhave known we were acting dishonestly, so he must have known that he was acting dishonestly’.

Thus if Ian could establish that he believed he was acting honestly, and if he can convince the jurythat his belief was honest and reasonable, he might avail himself of the defence established inGhosh and be acquitted on the basis of substantive evidence. The jury will of course take all mat-ters into consideration inreaching their decision as to what Ian’s state of mind was, and will judge him according to thestandard of a reasonable man. d Ian was overpaid £20 and he knew of it. It was said that he foundout about the overpayment when he arrived home, and he decided to keep the money.

One very important case in relation to this is Moynes v Cooper (1956). It was said in this case,which had a similar fact scenario, that the defendant could not be charged with theft. However, inR v Gilks (1972) it was pointed out that Moynes v Cooper had to follow the law laid down in R vMiddleton and enacted in s1(2)(i) of the Larceny Act 1916. Section 5(4) Theft Act 1968, however,was introduced to deal with these specific types of theft, and it would be peculiar if that were notthe case. The obligation contained in s5(4) included a legal obligation or a non-legal one, and so

the facts suggest that Ian would indeed now be caught by s5(4) Theft Act, and be charged accord-ingly.

It can thus be said that Ian could be held liable, since he later knew of the overpayment and in At-torney-General’s Reference (No 1 of 1983) (1985) it was said that ‘if a person becomes aware thathe has been overpaid, he will be held liable since he was not entitled to have that extra money’. InIan’s case he could be held liable easily, since he knew of the overpayment but kept the moneyas he felt he had been treated badly. If Ian spent the money on food and drink it should be noted,as in Mainwaring (1981) that the correct test is for the judge to direct the jury on such matters.Cases like Cullen (1974), Gilks (1972) and Davidge v Bunnett (1984) suggest that a person shouldbe aware that there is a legal obligation upon him.

The test in R v Hayes (1977) was that the correct method was for the jury to decide the matter;however, according to Mainwaring it is for the judge to direct the jury on such matters.

Marker’s comment on Student Answer

This answer satisfied the following points.

1 It identified the points of law and issues to be considered in answering the problems set by thescenario.2 It accurately defined the crimes which could be charged.3 It explained in ordinary language the meaning of the relevant law, and illustrated by reference todecided cases how the law applied to the facts under discussion.4 It considered the defences which the facts of the scenario suggested might be available to thedefendant.5 It concluded each section with a definite recommendation asked for by the examiner.

The answer was clearly written and contained few spelling and grammatical errors (which havebeen corrected here for your convenience). The answer to each part of the question followed alogical sequence, thus making it easy to read and grade. Cases could have been underlined, al-though a student in an examination might not have enough time to do this.

Each part of the question commenced on a separate page and therefore it was also easy for anyexaminer to identify where each part of the question began and ended.

Revision

What to revise

Consider carefully what you have been told about the format of the examination. How many ques-tions will you be required to answer in what length of time? Work out how long you are likely tohave to write an answer to any one question.

Look at past exam papers. A sample can be accessed via the School of Legal Studies websitewww.wlv.ac.uk/sls. They may help you to identify the questions which are most likely to appear onyour exam; and on which you can concentrate your revision. This is known as question spottingand, although this is not advisable, it may sometimes be necessary. If you have to do this, youshould revise two additional topics just in case: the question on one of the topics on which youhave concentrated most may be phrased in such a way that you are not certain how to answer it.It is, however, safer to deal with every topic in the module so that you are prepared for all ques-tions.

By looking at past exam papers you may also be able to determine whether certain topics tend tobe examined by way of problem scenarios or general discussion questions. Structure your revisionto accommodate the different approaches those two different types of question require.

Look closely at the topics covered by the module. Those topics which have been given the great-est emphasis are a good bet to appear in the exam.

The question in the Learning Project is compulsory so make sure that your revision is thorough onthe topic, or topics, it covers.

Planning your revision

The best method of revision is to revise continuously throughout your study of a module, butwhether you revise continuously or prefer the last minute approach, try to relax on the day beforean exam. To do well you need to be both physically and mentally fit.

Well before the exam period make yourself a revision calendar. Make sure that the revision periodyou plan is long enough to cover all of the modules you have studied, and gives you regularbreaks away from your studies. You need to start your revision at least two weeks before the ex-amination period. It is not wise to plan to revise for more than an hour at a time without a shortbreak. You should build in some days in which you put revision aside altogether and do somethingwhich will take your mind off the upcoming exam period.

Don’t just divide the revision period equally between topics. Make a realistic appraisal of whichtopic(s) you are weakest in and plan to give them the most time. In deciding how much time togive each topic you should also take into account how much the exam counts towards your overallmark. In other words, plan your revision to do best on exams which will give you the most benefitin terms of your overall results.

Do not concentrate all your revision of any one topic in a solid block. You will find that your con-centration will be better if you rotate your revision from topic to topic.

Plan your revision of any one topic in stages. The first stage is to acquire a knowledge of the topic.This involves re-reading your notes and whatever is necessary in your books. The second stage isto break that knowledge down into easily remembered key components. The third stage is to honeyour ability to identify issues and relate them to those key components. This is best accomplishedby writing answers to past exam questions.

How to revise

If you have any general problems with your studying, don’t just sit there hoping it will come right inthe end; contact the Module Leader or the College.

There are a number of stages in the revision process. First you have to ensure that you have anadequate knowledge of the topics. This is a matter of re-reading notes and filling in gaps by read-ing relevant sections of your Textbook or other materials until you have reached the point whereyou understand the material being dealt with.

While you are reviewing your notes and other study materials, you should be identifying and mark-ing key points which you can return to when you start to make your revision notes.

Remember: revision can only be effective if it is based on a previously acquired basic knowledgeand understanding of the topics.

The second stage of revision is to create a set of revision notes.

These will be aimed at (1) setting out key points and (2) relating these to each other in such a waythat they form a coherent picture of a particular topic (3) identifying key cases and/or statutory pro-visions which you need to know details of.

There are numerous ways of structuring revision notes. Which you choose will be a matter of per-sonal preference. The basic aims, however, are to create a set of notes which you can reviewquickly many times; and one from which you can retain a vivid mental image so that you will beeasily able to recall them in the examination.

Therefore your revision notes should be made up of key words and phrases. Each entry in thenotes should represent a condensation of information about the topic at hand. Strike a balancebetween brevity and comprehensiveness. Some concepts may be too complicated to rememberwithout a detailed note. Others readily lend themselves to summing up in a phrase of even a wordor two. A rule of thumb is to confine all the revision notes on one topic to one page or less of A4paper.

Using different colours for different topics, or writing the notes so that they create a distinctive pat-tern on the page, is a way of creating a vivid mental image of your notes. During the exam youmay be able to recall the particular information you need by calling up a ‘picture’ of the informa-tion. A stepped outline or a spider diagram are two of the ways you can create a pattern which willhelp you to recall information by focussing on the image and the way it was written down. Spiderdiagrams are especially useful for creating an image of the way ideas or rules link together.

Your friends may think you have become very eccentric but it is a good idea to stroll about yourroom reciting out loud the contents of a page of revision notes. This, after all, is how actors learntheir lines before a performance, and you are doing the same thing when you set out to learn yourrevision notes before an exam.

You may be tempted to shortcut the process of building up a set of your own revision notes bybuying one of the many revision guides which are available. These can be extremely useful to giveyou a very condensed overview of a topic, but remember this: what makes for exam success isdisplaying to the examiner your own knowledge of the topic. The only way to create your ownknowledge of the topic is to create your own set of revision notes using all those other sources

The third stage of revision is self-testing. Pick a question from a past exam – and this is wherehaving made a considered choice about which topics to revise is essential – and write an answerto it under ‘exam conditions’: ie taking the length of time you would be given to do the question inthe exam. Then go back over your revision notes on that topic and see what you have left out,what you did wrong and what you put in that was not really relevant to the question asked.

You may want to return to your original notes from lectures and reading and have another look atthat material. After half an hour or more break, pick another question on the same topic and writean answer to it. Go through the same review process again. Repeat the whole process once ortwice more. The advantages of doing this will soon become apparent. You will identify weakness-es in your knowledge and/or understanding. You will see how some components of an answer to aquestion on a particular topic will re-appear over and over again no matter how the question isworded, and you will have written those bits down often enough that you will not have to spendtime in the exam trying to work out how to phrase that part of your answer.

The benefit of self-testing is enormously enhanced if you do it as part of a group. Three or four ofyou working together will amongst you have a very comprehensive knowledge of any topic. Whatyou are weak on, you can pick up from one of the others and vice versa. There is also the psycho-logical boost which comes from working as part of a team. You will find that some of the thingsyou thought it was important to write about completely eluded other members of the group. Also,you will not have seen some important point which they did. Discussing all of your answers togeth-er will help you to craft a complete answer to all of the aspects of the question. If you are not incontact with fellow distance learning students, ask members of your family or friends to test you.As well as helping you, this will give them a valuable insight into how much your studiesmean to you and the hard work involved.

Taking the Examination

Hints for Answering QuestionsThe very first thing you must do is to read the whole question. If the question is a problem:

DOAsk yourself:• Why am I being asked to advise this person?• What has gone wrong?• What are the areas of law involved?

If the question is an essay:

DOAsk yourself:• What area of law does the essay cover?• Which part of that area of law is the essay asking me to discuss?• Which points do I have to focus on in answering the question?

DO NOT, IN EITHER TYPE OF QUESTION• Start writing before you have read the whole question.• Identify one area of law and write all you know about that area without putting it into the contextof the question.

The next step is to write an outline plan of your answer. In this plan, you should identify the mainpoints in the problem. If you do not want the plan to be taken into account in your answer, thencross it through and your examiner will ignore it. When you are writing your answer, follow yourplan. This will help you avoid discussing areas of law which are not relevant to the question. It willalso help you ensure that you cover all the points raised in the question and do so in alogical, reasoned way. After you have read the question and written your outline plan you shouldre-read the question and then attempt the answer.

WRITING THE ANSWER

In writing your answer, start at the beginning and work through to the end. Make sure that youdeal with each issue raised and that you apply the law to the relevant points. Reach a conclusionat the end. Do not start with your conclusion as you may find, part of the way through your answer,that you realise your original conclusion was wrong and you will have to start again.

Always give authorities for your answers. These authorities will be statutes and/or cases.

DO• Address the issues from the start of your answer.• Start at the beginning and work through to the end.• Reach a conclusion at the end.• Relate your answer to specific points in the question.• Give authority for every point of law you make.• Write clearly and in good English.• Time your answers.

DO NOT• Write all you know about the area before you start actually answering the question; you will onlyhave to write it out again in dealing with the specific points in the question.• Reach a conclusion at the beginning.• Move away from the structure of your outline plan.• Give unsupported statements of law.• Spend so long answering one question that you do not have enough time to answer the rest.• Write in note form (unless you have spent too much time on your previous answers and are leftwith insufficient time to write a full answer).• Copy large amounts of material from the books you are allowed to take into the examination.Make sure that you put all quotations in quotation marks otherwise you may be thought to havebeen cheating.

Module Questionnaire

Criminal Law 2

The School of Legal Studies and Holborn College attach great importance to your views. Wewould, therefore, be grateful, if now that you have finished studying this module, you would an-swer the following questions and return them to the address give below. Your answers will be con-sidered by the distance learning teaching team and used in updating teaching materials.

1 What two things did you find most useful about the materials youwere provided with for this module?________________________________________________________________

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2 What two things did you find least helpful about the materials youwere provided with for this module?________________________________________________________________

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3 Please identify any typographical errors you encountered in using thisplanner (please make reference to appropriate page numbers).________________________________________________________________

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Return to:External Programmes AdministratorSchool of Legal StudiesUniversity of WolverhamptonArthur Storer BuildingMolineux StreetWolverhamptonWV1 1SBUnited KingdomYou may if you wish e-mail your answers to [email protected]

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