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1.
I'm not sure whether the actus reus is made out - I think it is in that the fact that he's made the representation to a machine is sufficient, even though he hasn't submitted the form (which would give rise to a fresh representation to the person who then reads the form). However, my friend thinks that no representation has been made
2.
I'm not sure whether the mens rea is present - I know that there has to be an intention to make a (financial or property) gain or cause a loss, but I don't think there's any such intention relating directly to this representation. My friend argues that the purpose of him lying on this form is to get the vac scheme so that he has sufficient experience to get a job further down the line, so there is a financial gain that he has in mind. However, this feels too far removed from the original representations for it to apply here
1.
I'm not sure whether the actus reus is made out - I think it is in that the fact that he's made the representation to a machine is sufficient, even though he hasn't submitted the form (which would give rise to a fresh representation to the person who then reads the form). However, my friend thinks that no representation has been made
2.
I'm not sure whether the mens rea is present - I know that there has to be an intention to make a (financial or property) gain or cause a loss, but I don't think there's any such intention relating directly to this representation. My friend argues that the purpose of him lying on this form is to get the vac scheme so that he has sufficient experience to get a job further down the line, so there is a financial gain that he has in mind. However, this feels too far removed from the original representations for it to apply here
Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]