Evaluate the following offences : burglary robbery and criminal damage

I am struggling to evaluate robbery criminal damage and burglary. I currently do btec law but I'm sure a level answers could be similar. If anybody could please help :smile:

Reply 1

legalhelp

Hello. What do you mean by “evaluate”?

Reply 2

Boogle12345

Original post by legalhelp

Hello. What do you mean by “evaluate”?

To say the negative and positive aspects of the law on robbery, burglary and criminal damage

Reply 3

legalhelp

Original post by Boogle12345

To say the negative and positive aspects of the law on robbery, burglary and criminal damage

Not trying to be difficult I promise, but I’m still not sure what you mean. The positives and negatives for who? Do you mean you are supposed to set out what the offence is, and how it could potentially be improved / reformed? I should be able to help you but I need to get my head around exactly what it is you’re supposed to be doing.

Reply 4

Catherine1973

Yes as it may be a very different viewpoint as a criminal than a lawyer (which would make an interesting essay!)

Reply 5

legalhelp

Original post by Catherine1973

Yes as it may be a very different viewpoint as a criminal than a lawyer (which would make an interesting essay!)

Quite! Not sure there are any positives to the law of robbery for a robber...

Reply 6

Boogle12345

Original post by legalhelp

I'm sorry I worded it terribly . Yes I have to say an issue with the law and a way on how i can reform it . This is for Fraud burglary and robbery.

Reply 7

legalhelp

Original post by Boogle12345

I'm sorry I worded it terribly . Yes I have to say an issue with the law and a way on how i can reform it . This is for Fraud burglary and robbery.

Ok got it. Why don’t we start with fraud, and hopefully that will help you with the other two. First things first: do you know where the fraud offence is written down? Have you had a look at this primary source?

Reply 8

Boogle12345

Original post by legalhelp

Yes I understand the two types I have been taught : fraud by making off without payment,fraud by false representation. I'm just unsure of reform and issues

Reply 9

legalhelp

Original post by Boogle12345

Yes I understand the two types I have been taught : fraud by making off without payment,fraud by false representation. I'm just unsure of reform and issues

That’s not quite right. The main fraud offences are in the Fraud Act 2006 at sections 2 (fraud by false representation), 3 (fraud by failing to disclose) and 4 (fraud by abuse of position). Making off without payment is a theft offence under the Theft Act 1978, not a fraud offence. Do you know which one exactly you’re supposed to be evaluating?

Reply 10

Boogle12345

Original post by legalhelp

I wasnt saying they are the only types I was saying I understand both of those because there the only ones we've learnt at the moment :smile:

I have to come up with cristizms and reforms for both

Reply 11

legalhelp

Original post by Boogle12345

I wasnt saying they are the only types I was saying I understand both of those because there the only ones we've learnt at the moment :smile:

I have to come up with cristizms and reforms for both

Sure - I’m not trying to patronise you at all, I’m just saying that making off without payment is not a fraud offence, and you said in your original post that you were supposed to be evaluating fraud. Is that right? If so, you don’t need to consider making off without payment because it’s a theft offence. But if you are meant to be considering both fraud and making off without payment separately as well, then let me know.

Reply 12

Boogle12345

Original post by legalhelp

Yes you are right its fraud by false representation and then making off without pahment seperately that I am meant to be doing

Reply 13

legalhelp

Ok. On the fraud question, this is quite tricky because the Fraud Act was brought in not that long ago, in response to criticisms of the old law. The offence in section 2 actually works pretty well! But one thing you could think about is whether the drafting of the offence maybe goes too far. For example, take a look at section 2(1)(b). Do the Crown have to prove that the defendant actually caused the victim any loss as a result of his false representation? If not, do you think it is right that the law should operate in that way? Take a careful look also at s. 2(5). How do you think this applies to, for example, someone writing a false representation in a draft email, intending to cause loss to the recipient, but with the email staying in drafts? Is that an offence under s. 2? If it is, do you think it should be? As I said, it’s hard to answer these questions properly without taking a careful look at the relevant legislation. Here’s section 2, if you need it: https://www.legislation.gov.uk/ukpga/2006/35/section/2

Reply 14

tinygirl96

Hello.
Write a full concise paragraph about the Fraud Act. Make up some brief notes. Describe the negatives (there are really no positives) of such criminal activity. Explain about the loss of trust for starters. Be aware of the overall importance of human rights and remember to treat the victim kindly as well.
Refer very carefully to any online source of information too in order to lend a ton more weight and try to slowly build up your law coursework essay that way. Discuss the various effective treatment options for treating and curing any repeat offenders. Also make sure to type your law essay entirely up in black only.
Use your class notes as a source of fodder for your task in addition. To end off your assignment do not omit to correctly reference all of your reference sources at the very bottom of your coursework law essay task and also list the internet source either as a functional web link for future reference and peace of mind or as a written up footnote at the end. Make sure to build up a very good case. See if you can even find some more information online to use.