(Max 2000 words) (50% of mark)
Kevin and Perry live next door to one another and have been friends for years. Neither of them are very bright and have unfortunately made friends with a group of lads who are petty criminals. Kevin and Perry both believe themselves to be ‘street smart’, but are actually quite naïve and easily led by the others.
On the day in question, the hapless pair are encouraged to break into the house of an elderly old lady who is reputed to be very rich. They are told that if they want to stay part of the ‘gang’ they have to pass an initiation test and prove they are worthy by stealing something valuable. Being clueless in the art of breaking and entering, they make a huge amount of noise and the old lady hears them and comes downstairs to investigate.
When Doris opens the sitting room door, she finds Kevin and Perry trying to get into a glass display case full of expensive looking ornaments. She gets almost as big a shock as Kevin and Perry, but Perry panics because neither of them have thought to cover their faces and in the heat of the moment throws a silver egg cup at Doris to distract her, so as to give them time to escape back out the window. The egg cup hits Doris on the nose, and although the impact was minimal, she takes a step backwards and trips over a footstool. Unfortunately, Doris hits her head on a piece of furniture and dies. It transpires that Doris had a thin skull and the impact caused a massive head injury that killed her instantaneously.
Advise Perry on the offence that he may be charged with.
Essay Question: (Max 2000 words) (50% of mark)
Drawing from legal commentary and case law, critically evaluate whether the Theft Act 1968 is in need of reform?
