Jennie Case Study - Law Relating to Offences Against the Person, Theft - Law Assignment Help

Assignment Task

Learning outcomes

The EMA tests the following learning outcomes.

Knowledge: explaining the law relating to offences against the person, theft and applicable defences.

Skills: conduct independent research and use the findings analyse and apply legal authority in a logical and coherent way to advise named individuals evaluate the law to present a reasoned argument present answers clearly and concisely in an appropriate form, using correct referencing.

Question 1 You should answering this question. Question 1 is a problem question. You should use the IRAC method for answering law problem questions as set out in Section 3.1.4 of the OU Law School Undergraduate Assessment Guide.

Use a legal database in the OU Library to find and read the case of Booth & Anor v R [2020] EWCA Crim 575. You should also carry out your own independent research into the applicable law to support your answer, using the OU Library. Read the scenario and answer the problem question that follows.

It is Saturday afternoon and Jennie needs money quickly in order to pay the latest monthly instalment of a car loan, due on Monday. If she does not pay this month, Jennie is worried the car will be repossessed and she will not be able to travel to work to earn money to pay her rent and feed her family.

Jennie’s brother Jasper calls to ask Jennie if she will babysit Jasper’s young children that evening so he and his partner Riley can go out for a date night.
On Saturday evening Jennie is babysitting at Jasper’s house, while Jasper and Riley are out. The children are asleep in bed and Jennie is pacing around the lounge worrying about her financial position when she sees £200 in notes underneath a clock on a high bookshelf. That would be enough for Jennie to make her car repayment. Jennie thinks that her brother may be willing to give her the £200 given her circumstances, but is not sure because she has previously borrowed money from him and failed to pay it back as agreed. Acting rashly, Jennie decides she cannot risk asking Jasper and pockets the £200. She is sure he will discover the money missing and resolves to tell him about it later on. When Jasper and Riley return home later that evening, Jennie quickly leaves without mentioning the money. She uses the money to pay her loan instalment on Monday morning. Jennie worries all week about Jasper finding out about the missing money, but with each passing day her resolve to come clean grows weaker and eventually she thinks she may have gotten away with it and decides not to mention it.

Jasper does not realise that the money is missing until the following weekend, when he is dusting the bookshelf. He cannot think where the money, which he has set aside to buy Riley a birthday present, can have gone and thinks he must have moved it somewhere else.
As Riley’s birthday approaches, Jasper grows increasingly agitated about the missing money. He has looked everywhere and cannot find it, and is worried that without it Riley will be disappointed that he has not given her a nice present. This makes him quite stressed and short-tempered. The evening before Riley’s birthday, Jasper is quite upset and goes for a drink in the pub. He sits on a stool at the bar and has two glasses of lemonade. At around 10 pm another man, Pablo, enters the pub, buys a drink, sits next to Jasper and starts asking him lots of questions about why he looks so worried and why he is drinking alone.
At first Jasper tries to be polite but he soon becomes annoyed. Jasper suddenly shouts ‘will you stop bothering me’, turns abruptly towards Pablo and stands up. In the process, Jasper accidentally knocks Pablo’s drink into his lap. Infuriated, Pablo quickly squares up to Jasper and shoves him hard in the chest, stepping forward as he does so. Jasper reels backwards and, in doing so, collides with Akma’s back as she is about to take a drink. The impact forces Akma’s glass against her mouth, causing her to have a swollen lip.
Fearing Pablo is going to punch him, Jasper picks up an empty glass from the bar and smashes it over Pablo’s forehead, causing a large cut over his right eye. At that moment, some of the bar staff intervene to break up the pair, and the pub landlord calls the police, who arrive on the scene shortly afterwards and arrest Jasper and Pablo.
Advise Jennie, Jasper and Pablo of their likely criminal liability for any offences, including any defences they may have.
You are instructed to advise three people in respect of their possible criminal liability. When answering this question you should: use the IRAC method for answering law problem questions as set out in Box 2 of the OU Law School Undergraduate Assessment Guide carry out some of your own research on the applicable law to support your answer; however, you are not required to consider offences or defences you have not studied on the W203 module units structure your answer correctly as a problem answer and advise each relevant person separately, in turn examine all of the elements that need to be proven for any criminal offences you think are relevant to the parties you are asked to advise state the law in relation to these elements and apply it to the facts in the scenario, identifying which facts help to prove that each element has or has not been fulfilled reach a conclusion as to the likely liability of the parties you are asked to advise, based on your analysis of the relevant offences and defences.

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