Prob Question 1 Flashcards
Sasha has been arguing and feuding with a work colleague (Jim) for several months. Ever since Jim was promoted ahead of her, Jim has made her life at work a misery. Sasha plans to get back at Jim by causing him to have a car crash. She does not want him to be killed, but hopes that a serious crash will mean he is unable to work for a few months and he may never return. In order to cause the crash, Sasha looks up on the internet how to disconnect the breaks on Jim’s car. She later buys special cutting tools for the same purpose. However, on the day of the planned sabotage Sasha loses her nerve. She stands by Jim’s car for several minutes, she even inspects the breaks, but she leaves them untouched. The following day, annoyed that she did not go through with her original plan, Sasha decides to smash the window of Jim’s car instead. She sneaks out of her office at lunch, goes to the work car park, and throws a rock through the car window. Unfortunately for Sasha, and to her utter disgust, she then realises that she has thrown the rock through her own car window. She and Jim drive the same model of car, and she made a mistake. The next day at work, Sasha sees Jim leave his office without locking the door. She also notices that he has left his wallet on the desk. Knowing that she should not enter Jim’s office without his permission, Sasha sneaks in and takes some cash from the wallet in order to pay for repairs to her car. She reasons that the money is rightfully hers anyway, as she should have got the promotion. Discuss Sasha’s potential criminal liability.
Sacha v Jim
Introduction
• Keep it brief
• Identify relevant offences and defences (to show your examiner you understand)
• Say how you are going to answer the question (eg, chronologically, defendant by defendant, crime by crime etc).
Fill in for Sashjim:
Relevant S offences – Theft for sure
- but for all her planning, no harm or crim dmg was done to Jim or his property
Answer crime by crime?
Body
Step 1: Identify the potential criminal event in the facts:
• Should only take 1 sentence, eg: ‘The first potential offence is committed when D kicks V.’ • If you go straight into an analysis of the law without highlighting the event in the facts then it is very difficult for a reader to follow your answer.
Theft is the most clear one with actual reus fulfilled
Possibly: The first potential offence (inchoate liability?) occurs when Sasha plans to cut Jim’s brakes
Step 3: Applying the offence to the facts:
• Actus reus: What does the offence require? Did D do it?
• Mens rea: What does the offence require? Did D possess it?
• Remember, for D to be liable every element of the AR and MR must be satisfied.
Discuss every AR and MR element in turn For elements that are easily satisfied discussion can be kept brief • Cite relevant legislation and/or case law as authority for every proposition • Where there is doubt, in law or in fact, highlight and discuss areas of likely dispute between prosecution and defence. Debate! • Critically engage with relevant case law.
Gfdd
Step 4: Consider denials
• Do any missing MR elements need explaining?
• Can any missing MR elements be reconstructed?
Step 5: Consider defences
• Don’t discuss every defence for every question • Consider (mentally) whether there are any defences that could potentially apply.
• If there are, discuss those only.
Fguuff
Event Conclusion
Step 5: Conclude
• Usually a single sentence, eg: ‘it is likely that D has committed the offence of [name of offence]’, or ‘it is not likely that D will be liable for the offence of [name of offence] because [specify element of the offence that is not satisfied or specify defence that is likely to apply].’
• Often you won’t be able to say categorically whether D has committed the offence or not, so usually best to conclude in terms of what is more ‘likely’, BUT
• Don’t just say ‘it’s up to the jury to decide.’
Ghhffg
Step 6: Loop
• Go back up to step 1, identifying the next potential criminal event.
• Continue until you have discussed all the relevant potentially criminal events.
• Refer to previous discussion if elements have already been set out earlier in your answer.
Gguhg
