Read the scenario and answer the problem question that follows.It is Saturday afternoon and Jennie needs money quickly in order to pay the latest monthly instalment of acar loan, due on Monday. If she does not pay this month, Jennie is worried the car will be re-possessed andshe will not be able to travel to work to earn money to pay her rent and feed her family. Jennie’s brother Jasper calls to ask Jennie if she will babysit Jasper’s young children that evening so he and his partner Riley can go out for a date night.On Saturday evening Jennie is babysitting at Jasper’s house, while Jasper and Riley are out. The childrenare asleep in bed and Jennie is pacing around the lounge worrying about her financial position when shesees £200 in notes underneath a clock on a high bookshelf. That would be enough for Jennie to make hercar repayment. Jennie thinks that her brother may be willing to give her the £200 given her circumstances,but is not sure because she has previously borrowed money from him and failed to pay it back as agreed.Acting rashly, Jennie decides she cannot risk asking Jasper and pockets the £200. She is sure he willdiscover the money missing and resolves to tell him about it later on. When Jasper and Riley return homelater that evening, Jennie quickly leaves without mentioning the money. She uses the money to pay her loaninstalment on Monday morning. Jennie worries all week about Jasper finding out about the missing money,but with each passing day her resolve to come clean grows weaker and eventually she thinks she may havegotten away with it and decides not to mention it.Jasper does not realise that the money is missing until the following weekend, when he is dusting thebookshelf. He cannot think where the money, which he has set aside to buy Riley a birthday present, canhave gone and thinks he must have moved it somewhere else.As Riley’s birthday approaches, Jasper grows increasingly agitated about the missing money. He has lookedeverywhere and cannot find it, and is worried that without it Riley will be disappointed that he has not givenher a nice present. This makes him quite stressed and short-tempered. The evening before Riley’s birthday,Jasper is quite upset and goes for a drink in the pub. He sits on a stool at the bar and has two glasses oflemonade. At around 10 pm another man, Pablo, enters the pub, buys a drink, sits next to Jasper and startsasking him lots of questions about why he looks so worried and why he is drinking alone.At first Jasper tries to be polite but he soon becomes annoyed. Jasper suddenly shouts ‘will you stopbothering me’, turns abruptly towards Pablo and stands up. In the process, Jasper accidentally knocksPablo’s drink into his lap. Infuriated, Pablo quickly squares up to Jasper and shoves him hard in the chest,stepping forward as he does so. Jasper reels backwards and, in doing so, collides with Akma’s back as sheis about to take a drink. The impact forces Akma’s glass against her mouth, causing her to have a swollen lip.Fearing Pablo is going to punch him, Jasper picks up an empty glass from the bar and smashes it overPablo’s forehead, causing a large cut over his right eye. At that moment, some of the bar staff intervene tobreak up the pair, and the pub landlord calls the police, who arrive on the scene shortly afterwards and arrestJasper and Pablo.
Advise Jennie, Jasper and Pablo of their likely criminal liability for any offences, including anydefences they may have.You are instructed to advise three people in respect of their possible criminal liability. (50 marks)Note: before you complete this EMA you should read Guidance on writing your assignment.
Question 2
You should use up to 1500 words for answering this question.Answer the following question in the style of an essay.The Ivey test … gives a wider scope for conviction than Ghosh, and allows a conviction based on ashortfall in conduct and in the absence of culpability.(Bailie, C. (2020) ‘Oh Ghosh – Comment on R v Barton and Booth [2020] EWCA Crim 575’, 2 Bedford Row, April [Blog].Available at https://www.2bedfordrow.co.uk/oh-ghosh-comment-on-r-v-barton-and-booth-2020-ewca-crim-575-by-conall-bailie/ (Accessed 1 July 2020))
Evaluate the impact of the decisions in Ivey v Genting Casinos (UK) Ltd. trading as Crockfords [2017]UKSC 67 and Booth & Anor v R [2020] EWCA Crim 575 on the criminal law test for dishonesty. Do youthink the law in this area is now satisfactory?
