Legislation

FROMONT owns a garage and employs ASHBY to sell cars. ASHBY is unreliable and FROMONT terminates his employment. In order to gain retribution ASHBY visits the garage at 11:30pm. He knows that the garage closes at 6pm and he believes that there is nobody on the premises. He deliberately throws a brick at the showroom window sending shards of glass into the showroom area. FROMONT happens to be working late preparing a vehicle for sale and a shard of broken glass cuts his right forearm causing a deep wound. ASHBY is totally unaware of this injury. Does ASHBY commit the offence of causing Grievous Bodily Harm contrary to Section 20 of the Offences Against the Person Act 1861?

DOWLING and SWIFT aged 15 years are school pupils. DOWLING has been bullying SWIFT in school and uses any opportunity she can to cause SWIFT humiliation. SWIFT plans her revenge and waits for DOWLING after school on a secluded footpath. SWIFT hides in the bushes and when DOWLING appears she throws a container of undiluted bleach over her, intending to ruin her clothing. The bleach penetrates DOWLING’s eyes and mouth, resulting in caustic burning and serious injury amounting to grievous bodily harm. Does SWIFT commit an offence of Wounding or Causing Grievous Bodily Harm with intent contrary to Section 18 of the Offences Against the Person Act 1861 in these circumstances?

3. TILL owns a new car which he parks on the driveway of his home. At 2.30am he is woken by the sound of a car alarm sounding in the street. He looks out of his bedroom window and sees VALE peering into the car through the windows. TILL believes that VALE is about to break into his car. He rushes down the stairs, grabs a golf club from the hallway and confronts VALE on the drive. VALE tries to run away but TILL strikes him a severe blow to the head with the golf club. The severity of the blow renders VALE unconscious and fractures his skull. In these circumstances does TILL have a defence by virtue of Section 3(1) of the Criminal Law Act 1967?

4. PC SMITH is on duty when she attends a report of a theft at the local supermarket. Once there she is joined by PC HOWE and she starts to question EVANS regarding the offence. EVANS waits until PC HOWE walks past and pushes PC SMITH into him, causing them both to fall over. EVANS then tries to run away but is apprehended. No injuries are sustained during the incident. Which of the following statements is true when considering the offence of assaulting police, contrary to Section 89(1) of the Police Act 1996?

5. Which of the following is not a way of committing Fraud under the Fraud Act 2006?

6. WIGLEY is an electrician and has been employed by an exhibition centre to install some temporary lighting for a show. He uses a Stanley knife for cutting cable and places the knife in his pocket when he is not using it. When the centre closes, he joins some other staff in the centre’s coffee bar for refreshments. WIGLEY still has the Stanley knife in his pocket as he has forgot to lock this in his tool box. Does WIGLEY commit the offence of having an article with blade or point in public place contrary to Section 139(1) of the Criminal Justice Act 1988?

7. PIPER, aged 14 years, is found at 2am in the High Street. In her possession is a folding pocket knife with a blade 8cm (3.1 inches in length). Does PIPER commit the offence of having an article with blade or point in a public place contrary to Section 139(1) of the Criminal Justice Act 1988?

8. BRIAN and JOHN decide to break into a nearby factory and steal some stock. They meet up at BRIAN’s house to go through a plan beforehand. Brian puts a length of rope in his pocket which he intends to use to tie up any security guards. JOHN has a crowbar which he intends to use to force entry to the factory. Who, if anyone has committed the offence of going equipped to steal, contrary to Section 25 of the Theft Act 1968?

9. EVANS is in a shopping centre shouting at other shoppers and appears distressed. PC JONES believes he is experiencing mental ill health. Under Section 136 of the Mental Health Act 1983, who may make the decision that EVANS should be removed to a place of safety?

10. Which of the following is the correct definition of the offence of rape contrary to Section 1 of the Sexual Offences Act 2003?