Law week 9&10

Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial)?

The judge

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Boris attends Ken’s stag do. After many drinks, Boris takes to the dance floor in an attempt to impress a girl. When Ken hears a Bee Gees tune being played, he runs to the dance floor in excitement. Boris sees Ken running towards him with a fist in the ai

Boris will not be able to rely on self-defence because his mistake was due to intoxication

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Kevin, a money lender, threatens to cause serious injury to Paul unless Paul repays Kevin the £15,000 he owes him. As a result of these threats, Paul carries out an armed robbery on a bank and obtains £15,000 to pay Kevin. Paul is charged with robbery. Wh

Paul will not be able to rely on the defence of duress because there is an insufficient nexus between the threat and the robbery

3 of 9

Lucinda wants her son Elvis to attend St Elmores school. Unfortunately, she does not live in the school’s catchment area. Her friend Sehra tells her to use her address as Sehra lives in the catchment area. Lucinda puts down Sehra’s address on Elvis’s scho

It is very unlikely that she will be guilty because a school place cannot amount to property under s.5, Fraud Act 2006

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What is the test for dishonesty under the Fraud Act 2006?

D is dishonest if ordinary decent people would find D’s conduct dishonest

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Mick is a trustee for Luke, a 10 year old whose parents have died. Mick is given a credit card to use for “trustee business only”. Mick uses the card to take his girlfriend Fatima to Cambridge for a romantic weekend. He knows that the other trustee, Ian,

Yes. Mick has abused his position as a trustee and has intentionally gained from this

6 of 9

Walter fills out a car insurance application form. In the section on previous accidents, he ticks a box which states that he has not had an accident in the last three years. In fact, Walter was involved in a serious car accident last year because he was s

Fraud by false representation and fraud by failing to disclose information

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Patty is stopped by the police. The police search her car and find a quantity of cocaine inside a small box in the glove compartment. The box was wrapped up as a birthday present and there was a gift tag attached which read, ‘To Patty, Happy birthday! Fro

Patty might be charged with possession of a Class A drug under s.5(2) and might have a defence under s.28.

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Lucius works at a factory. After work, when all his colleagues have gone home, Lucius goes down to the basement of the factory where he has set up a methylamphetamine lab. Ronnie is a night security guard at the factory. Every night, Ronnie unlocks the ba

Ronnie could be convicted of being concerned in the production of a Class A drug, contrary to s.4(2), Misuse of Drugs Act 1971 and/or being an occupier or concerned in the management of the premises which he knowingly permits or suffers to be used for the

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Get Revising

Law week 9&10

Other cards in this set

Card 2

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Card 3

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Card 4

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Card 5

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