Law-Exchange.co.uk Shared Resource

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Law-Exchange.co.uk Shared Resource

  1. 1. Theft scenario<br /><ul><li>047625TaskYou are a Solicitor and have been called by your client, Robert, to the Police Station. Robert has been arrested under suspicion of committing Theft under Section 1 of the Theft Act 1968. Your task as his legal representative is to consider the evidence provided to you by the police, together with Robert’s account, and to:- Identify the elements of the offence of Theft which are present; and Determine whether in your view there is enough evidence to charge Robert with the offence – can you identify any pitfalls? 0TaskYou are a Solicitor and have been called by your client, Robert, to the Police Station. Robert has been arrested under suspicion of committing Theft under Section 1 of the Theft Act 1968. Your task as his legal representative is to consider the evidence provided to you by the police, together with Robert’s account, and to:- Identify the elements of the offence of Theft which are present; and Determine whether in your view there is enough evidence to charge Robert with the offence – can you identify any pitfalls? </li></ul>Case Description <br />Robert was arrested at the Tesco store on Monday afternoon, having been detained by staff upon trying to leave the Store. He was taken to Milton Keynes Police Station where his detention was authorised. He had requested legal advice and you were duly notified, attending the station at 4.30pm. <br />Upon your arrival at the police station, you speak to the arresting officer, PC Gibbs, for disclosure.<br />Evidence disclosed by police<br />PC Gibbs states that Robert is known to the store and to the police for his thieving habit. He has previous convictions for theft and is currently serving a suspended sentence for another recent offence of theft.<br />Robert had been recognised by a member of the store’s staff, and was said to have been acting suspiciously. He had a rucksack bag with him. The staff member alerted a security officer who stopped Robert just as he had gone through the barriers and was on his way towards the exit of the shop (the exit is approximately 15 feet from the barriers). <br />Robert was then taken to a side room where the security officer asked to look insider his bag. He allowed the search and inside was a bag lined with foil with approximately 12 DVD games inside, which still had the security tags on and belonged to Tesco. Robert was asked by the security guard whether he had paid for these, Robert just shrugged his shoulders.<br />The police were called to arrest Robert and took him to the police station. Upon being arrested and cautioned, Robert made no comment. PC Gibbs states that once you have spoken to your client, he will proceed to interview him. <br /><ul><li>Can you identify whether all or some of the elements of theft are present?</li></ul>(TIP: List each of the elements and apply the facts to each one)<br />_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________<br />( marks)<br /><ul><li>Identify the actus reus elements of this offence. Are they all present?</li></ul>_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________<br />( marks)<br /><ul><li>Identify the mens rea elements of this offence. Are they all present?</li></ul>_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________<br />( marks)<br /><ul><li>Is there enough evidence to charge Robert, in your view?</li></ul>______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________<br />( marks)<br /><ul><li>Can you identify any potential weaknesses in the police case?</li></ul>_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________<br />( marks)<br />

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