Undergraduate Degree Assessment for students registered with the University of Roehampton. Module code: LLB020C102S Module title: Law in Practice 1: Legal Communication Module Convenor: Reshma Derasari Module tutor: Cynthia Opoku-Gyamfi FHEQ Level: 4 Assessment instructions release date: 28 June 2021. Type of paper/assessment: In course written assessment. Instructions to candidates Number of pages and documents This document, comprising 10 pages, including this page sets out your instructions for the two assessments referred to above. The case file begins on page 4. Submission instructions Deadline for written submissionMethod of submission2.00pm on Thursday 22 July 2021Turnitin on the Law in Practice 1: Legal Communication Moodle page Assessment Tasks The assessment is in two parts. Parts 1 and 2 are each worth 50% of the overall marks for the module assessment. In Part 1, you are required to undertake the relevant legal research and prepare a Research Report setting out the law, the legal sources used in the research and the likely sentence to be imposed on your client, Mr Davison. In Part 2, you are required to prepare a written Plea in Mitigation for the magistrates. They will consider this document before passing any sentence on your client who has pleaded guilty to the offence. You are required to submit ONE piece of work (1000 words) but divided into two parts. How many words you allocate to each part of the assessment, is at your sole discretion. You may exceed this word limit by 10%. Format of your in-course assessment Include a title page with your submission. The title page must list the following:Module codeModule titleModule tutorNumber of pages submittedThe word count Do not include your name or your student ID number Font: Arial, text size 12, line spacing 1.5Each page should be numbered.Referencing is NOT required but if you choose to reference you are required to use OSCOLA style citation for consistency. Assessment criteria 1. Before you begin you should read the categorical marking grading criteria that will be used to grade your assessment. The criteria may be downloaded from the Law Programme Moodle page. The relevant document is listed under the heading ‘Information for all students’. 2. You should also read the Law School guide to submission which can also be downloaded from the Law Programme Moodle page. It has been prepared in an endeavour to make marking more transparent. It may also help you organise your thoughts as you work and sense check the content of your paper before you submit it to be marked. The relative weighting of available marks between the three criteria are: CriterionTotalCriterion 1: Structure20%Criterion 2: Content and synthesis60%Criterion 3: Presentation20%Total:100% YOUR INSTRUCTIONS You work at the Digby Stewart LLP as a paralegal. Your firm acts for Jason Davison who has been charged with an offence under section 13, Theft Act 1968 for diverting or wasting electricity. The details are set out below. Your supervising solicitor has asked you to do the following: Read the attached documents and carry out any research that might be necessary to understand the legal issues that arise. Then: Prepare a Researh Report setting out the legal position and the sentencing powers of the magistrates and the likely sentence to be imposed by the magistrates in light of Mr Davison’s guilty plea. In order to complete this activity, you need to read and be sure to understand section 13, Theft Act 1968, (Abstracting of electricity). Prepare a Plea in mitigation to help the court to place your client’s offence in the correct category for sentencing. You need to draw the court’s attention to those matters which place the defendant’s conduct in context and those matters the court can properly take into consideration to decide on a lower penalty than would otherwise appear appropriate. R v Jason Davison South West City Magistrates Court Table of contents NoDescriptionPage1Student instructions22Summons33List of defendant’s previous convictions (if any)44Prosecution case55Notes for defence plea in mitigation66Magistrates’ sentencing checklist7 South West City Magistrates Court Digby Building, Roehampton Lane, Wickham SWX OYT Tel: 0002 8876 0987 Email: [email protected] Date: 14 February 2021 Jason Davison 34 Priory Road Roehampton Green Wickham SWX 3JY Information has been laid by Marcia Phillpotts, Crown Prosecutor of Abderdale House, Wickham, Corfordshire SWX 7TR. Before me the undersigned That between on or about 1 January and 15 January 2021 you dishonestly used without due authority, or dishonestly caused to be wasted or diverted, electricity at 34 Priory Road, Roehampton Green. Contrary to section 13, Theft Act 1968 You are therefore summoned to appear before South West City Magistrates Court, Digby Building, Roehampton Lane, Wickham SWX OYT on [ ] at 10 am in courtroom 3 to answer the information. Failure to attend may result in a warrant being issued for your arrest. Saeed Jarved Saeed Javed Justice of the Peace List of previous convictions Wandsworth Metropolitan Constabulary Record of: Jason Davison Date of birth: 5 February 1999 NoDateCourtOffenceResult11 year agoSouth West City MCAbstracting electricity£160 fine Prosecution case The accused is Mr Jason Davison of 34 Priory Road, Roehampton Green whose date of birth is 5 February 1999. On 15 December, the fire service was called to attend an emergency and deal with a fire at 34 Priory Road, Roehampton Green by Mr Davison’s partner, Jacasta Partridge who lives at the house with her three-year-old daughter. An investigation revealed that the electricity supply at the building had been tampered with. The cable feeding into the electricity meter had been cut and a cable attached to it which was then connected to the internal house circuit avoiding the meter. The cable used to divert the electricity was inadequate to carry the load and overheated, causing the house fire. The police were requested to attend by the fire officer in charge of the fire investigation. Detective Sergeant Amos Brearly of Barnes Criminal Investigation Division (CID) attended and on being informed of the fire brigade’s findings he interviewed Ms Partridge who claimed not to know anything about the electricity supply having been tampered with. Shortly after DS Brearly spoke to Ms Partridge, Mr Davison arrived after being called home from work by his partner. He also denied all knowledge of the tampered electricity supply, said that they rented the property from Jacob Moss a local landlord and suggested to DS Brearly that he might speak to the landlord to see if he knew anything about it. Mr Moss denied all knowledge of the tampering and informed the police that when he rented the property to Mr Davison, the electricity supply was intact. As a result, Mr Davison and Ms Partridge were arrested and interviewed. Mr Davison then admitted that he had diverted the electricity supply at the beginning of January because he could not afford to pay the bills. The local electricity supplier estimates that about £200 of electricity was abstracted unlawfully and the cost of replacing the consumer unit, damaged, when Mr Davison tampered with the supply was £400. In addition, the cost of repairing and redecorating the house is estimated at £2,000. Information is known about the defendant; he has previous convictions. The Prosecution seeks full compensation for the damage caused and costs of £150. Notes for defence plea in mitigation. Jason Davison, your client, and the defendant, has pleaded guilty to the charge of abstracting electricity at the first opportunity in the court proceedings. He appreciates that his previous conviction does not help his case for a lenient sentence. A number of points can be made in mitigation. Whilst he attempted to divert responsibility for the offence towards his landlord it was not a concerted effort to avoid responsibility. He accepts his attempt to pass the blame must have caused distress to Mr Moss, the landlord and this he regrets. This attempt was not really ever going to succeed, and your client has explained to you that it was an act borne out of panic when he saw the house on fire. To his credit Mr Davison admitted responsibility as soon as he was formally interviewed under arrest. In terms of explaining but not excusing the offence your client has explained to you the severe financial strain under which he and his family struggle. He struggles to provide for his family on his weekly income of £250 per week, which is just above the National Minimum Wage. He works full-time at Primick’s Salads Limited in Feltham, a producer of pre-prepared salads for Harrisons, the national supermarket chain. He and his partner Jacasta Partridge have tried to get welfare benefits but gave up because the paperwork intimidated them – neither can read or write well – and his employer would not allow Mr Davison time off work to attend the relevant interviews. So as the temperatures dropped last November, he realised his partner and his three-year-old daughter Carrie who are at home all day were going to freeze if he did not do something. The house has a pay-meter for electricity, and he did not have money to feed the meter so, in his own words, ‘I had no choice but to divert the electricity.’ He appreciates he should not have diverted the electricity but did not appreciate the risks that posed to the family or others. Neither he nor his partner have any close relatives they can call on for support. Magistrates checklist In order to complete this checklist, you need to refer to the Sentencing Council Guide which you will find at https://www.sentencingcouncil.org.uk/offences/ and search for the offence Culpability and harm – identify the starting pointWhich one? High culpability and greater harmHigh culpability and lesser harmMedium culpability and greater harmMedium culpability and lesser harmLesser culpability and greater harmLesser culpability and lesser harm Identify sentence within the relevant ‘range’Any aggravating factors which increase seriousness?Yes/NoAny factors reducing seriousness or mitigating circumstances?Yes/NoOffender mitigation:Appropriate sentence:Any reduction for a guilty plea?Decide sentence, give reasons.
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