Criminal Law & Procedure Assignment Question 1. Introduction. The issues the equity has with execute is that she has apt(p)(p) Andy a chip for a car with no function to pay for it as her account only has $1. Also, Sue has mistakenly acquired a TV set from Andy rather than a zap and non exchanged it subduely. Finally, Sue has hidden her olden aunties affectionateness medication as a result Aunt Gladys has suffered boob pains, attempted to seek help, fainted on the road and hence been killed by a car. Sue whitethorn be reprehensively apt(p) for the following: Larceny by simulated Pretences and Deception. It posterior be agreed that Sue is liable under Section 179 of the Crimes Act. Although Andy has apt(p) consent for Sue to have the car, she has obtained it through a unreasonable promise with the determination to not detect the price. The elements in this content is that it can be established beyond reasonable mistrust that Sue has t aken the car out of Andys possession ( do workus reus) and it can be agreed that a car is exposed of beingness subject of larceny. Likewise, it can be argued that Sue had the appropriate mens rea by having the intention to defraud Andy; whilst also having the knowledge of the untruth of the type. The representation being the cheque given to Andy that was certain to not honour the price.
Also, the property (the car) was obtained by means of the pretence. For example in Balcombe v De Simoni it was acknowledged that the defendant mean to induce the victim to act through deceit and was therefore convicte d of Larceny by False Pretences. The same ! can be applied in Sues line as her action of giving a insincere cheque persuaded Andy to give her the car. The fact that Sue intended to renovation the car. It may be argued that Sues criminal liability is diminished as she intended to return the car. However, it can be agreed that incidental intention to return property is not a defense as highlighted in Cockburn where it was held that the...If you want to get a wide-cut essay, hostel it on our website: OrderCustomPaper.com
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