Assessment 2 Information/Brief 2023/24

4628515-2540

Assessment 2 Information/Brief 2023/24

Module title Criminal Law

CRN 39786

Level 4

Assessment title Problem Question

Weighting within module This assessment is worth 50% of the overall module mark.

Submission deadline date and time 4pm on Monday 29th April 2024

Module Leader

Dr Kim Langtree: Office Maxwell Building, 3rd Floor Room 317

s.k.langtree@salford.ac.uk

How to submit

You should submit your assessment via Turnitin under the Assessment 2 Folder.

Please watch the journal video for instructions on how to submit via the following link: https://www.youtube.com/watch?time_continue=1&v=IvrzuPqYrkE

Assessment task details and instructions

This assessment is worth 50% of your overall module grade and it should be approximately 1500 words. Students should discuss and analyse the problem question with reference to case law and legislation.

There is no minimum number of cases or statutes a student should use; however, due to the word limit, students should only use those cases which add value to the general argument.

Students should use the ILAC formula (Issue/Law/Application/Conclusion) in order to answer the problem question.

Each answer MUST be:

fully research informed and referenced as per OSCOLA, help and guidance is available via the following link: https://www.salford.ac.uk/skills-for-learning/home/using-and-referencing-information/referencing

Summary:

The question is based on a specific area of criminal law. However, the problem question may incorporate a mixture of potential offences and defences.

It is a students choice WHICH sources to use but the main case law, legislation and other academic sources should be used and discussed

All answers should be properly referenced (OSCOLA) in order to avoid plagiarism

Students ARE NOT allowed to use Wikipedia and LawTeacher.net and WILL BE penalised if these (or any other similar sources) are either used/referenced/relied on

Please note that teaching staff will NOT read any drafts

Do:

Properly and carefully research case law, legislation, websites and, if applicable, journal articlesstudents can use the textbook as an initial source of information and other reliable legal sources.

Follow an effective structure in order to produce a clear and concise answer

Read and analyse relevant case law legislation and other legal/academic sources

Give yourself plenty of time to write and polish your submission

DO NOT:

X Plagiarisestudents will be reported for plagiarism

X Submit AFTER 4pm on 29th April 2024 as all late submissions (unless you have a PMC or RAP) will be penalised.

X Use improper/incorrect/poor referencesOSCOLA should be used

X Use unofficial sources, i.e. Wikipedia, LawTeacher.net and other similar sources (please note that Turnitin will always pick up these sources)

X Make grammatical mistakes and ensure an assignment is proof-read before the submission.

Note:

If you are struggling, please ensure you come and speak with Kim Langtree or your seminar tutor as soon as possible. We will not read or comment on coursework drafts BUT if you need any clarification of the materials or if you have any general questions, please ensure you contact us.

Select ONE of the two problem questions below and follow the instructions.

Question 1

Martha and her husband were burgled and attacked last Christmas leaving them both with broken bones and severe anxiety. As a result, and to help her feel safe, Martha always sleeps with a baseball bat next to her bed. One night at around 2am she was awoken by sounds coming from the stairs. She seized the bat and went towards the staircase where she saw a man about to enter her daughters bedroom. Martha raised the bat and hit the man on the head. The man fell to the floor and did not seem to be breathing.

The man in question was in fact Ayomide, her daughter Mollys boyfriend. Molly had invited Ayomide over to spend the night. Martha had only met Ayomide once and she had not recognised him in the dark.

When Martha realised that the body on the floor was that of Ayomide, she was horrified. She thought that she had killed him and she was appalled by her actions. She panicked and decided to dispose of the body by driving to a nearby secluded area and throwing Ayomides body into the river.

Ayomides body was found the next day and a post-mortem examination revealed that he had died from drowning and therefore Ayomide had been alive when Martha threw him into the river.

Discuss Marthas liability for murder.

Question 2

Simon is 21 years old and is out of work with little money. He comes up with a plan to find houses to break into to help resolve his financial situation. He chances upon an open ground-floor window where Ming is cooking dinner. Ming waves to Simon thinking that he is one of her friends and she tells him to come in. Simon climbs in through the window. Ming does not realize her mistake immediately but when she does, she runs out of the kitchen crying for help. In the meantime, Simon goes upstairs and takes various items from Mings bedroom including all her jewellery and runs off.

Simon then goes to a local express supermarket. Mr. Khan is working in the shop opening boxes with a knife. When Mr Khan is not looking, Simon takes some bottles of cider from a shelf and puts them in his backpack. Mr. Khan turns around and sees what Simon has done. He tells Simon that he will call the police if he does not put the cider back and Simon grabs the knife and threatens Mr Khan with it. Mr. Khan is frightened and escapes to the back of the store. The young man leaves the shop with the cider and decides to make his way to his grandparents who are asleep in bed. At his grandparents house, Simon helps himself to food and takes 50 from his grandmothers purse.

Simon maintains that he thought that his grandparents would not mind him taking the food and the money.

Advise Simon on his criminal liability for property offences.

Assessed Learning Outcomes

On successful completion of this assessment, you will be able to:

Knowledge and Understanding:

Demonstrate a practical understanding of the role of the criminal law within the justice system and society generally.

3. Apply the general principles of criminal law to a range of specific offences and apply the principles of criminal law to a range of problem scenarios and provide articulate and logical solutions.

Transferable Skills

On successful completion of this module students will have the skills required in order to:

Demonstrate the ability to communicate, both in writing and orally, in a professional, ethical and unambiguous fashion.

Solve practical problems through the application of authoritative rules of law, both substantive and procedural, with the ability to distinguish between personal opinions and measured judgments.

Module Aims

To explore, study and develop the general principles of the criminal law.

To explore, study and develop specific criminal offences and defences.

To explore and study the history and development of criminal law in order to link the theoretical framework of criminal law to its practice and enforcement.

To evaluate the present law, in the context of its historical, moral and social framework, and to identify examples of actual and desirable reform.

To encourage the use of a variety of published research to enhance an understanding and appreciation of the role and effect of criminal law in society.

Word count/ duration (if applicable)

The word count for this assessment is 1500 words including footnotes. You must include a word count with your work. Your bibliography does not count towards the word count. There is a 10% leeway permitted if needed, thus you may exceed the word count within said 10% without incurring a penalty. For the avoidance of doubt this amounts to NO MORE than 1650 words in total.

No arbitrary penalty shall be applied for exceeding the stated length of an assessment however, markers will cease considering content for the purpose of grading and feedback once the stated maximum length has been exceeded. Content beyond this point will not contribute to the determination of the awarded mark and will not be commented upon in feedback.

Feedback arrangements

You can expect to receive feedback within 15 working days of submission.

You will receive full written feedback coupled with the overall mark of your assessment. If further feedback or clarity is requested, additional drop-in feedback sessions will be available.

Support arrangementsYou can obtain support for this assessment by consulting the assessment support folder, under the assessments tab on Black Board.

In addition, students are encouraged to use the weekly office hours, attend ALL allocated Lectures and seminars and email s.k.langtree@salford.ac.uk with any questions or queries.

askUSThe University offers a range of support services for students through askUS.

Good Academic Conduct and Academic Misconduct

Students are expected to learn and demonstrate skills associated with good academic conduct (academic integrity). Good academic conduct includes the use of clear and correct referencing of source materials. Here is a link to where you can find out more about the skills which students require http://www.salford.ac.uk/skills-for-learning.

Academic Misconduct is an action which may give you an unfair advantage in your academic work. This includes plagiarism, asking someone else to write your assessment for you or taking notes into an exam. The University takes all forms of academic misconduct seriously. You can find out how to avoid academic misconduct here https://www.salford.ac.uk/skills-for-learning.

Assessment Information

If you have any questions about assessment rules, you can find out more here.

Personal Mitigating Circumstances

If personal mitigating circumstances may have affected your ability to complete this assessment, you can find more information about personal mitigating circumstances procedure here.

Personal Tutor/Student Progression Administrator

If you have any concerns about your studies, contact your Personal Tutor or your Student Progression Administrator.

Assessment Criteria

The attached guidance is in addition to the general assessment criteria guidelines for degree classifications contained in your level handbook. Your attention is also drawn to the School policy on plagiarism and referencing and you should make reference to the University study guide web site www.edu.salford.ac.uk/studyskills.

40-49

This will be mainly basic, descriptive, and representative with a very limited independent analysis. The discussions in conjunction with relevant case law are descriptive and involve limited levels of evaluation. Limited use and analysis of other relevant case law. The drawing of a conclusion is limited and generally lacks a coherent argument. In general, whilst the submission demonstrates an understanding of the basic concepts, it is largely descriptive with a general focus and limited use of either case law or academic commentary to reach a sound conclusion.

50-59

Discussions surrounding the question posed demonstrates a reasonable understanding of the subject. Whilst academic discussions in conjunction with relevant case law arguments demonstrate an acceptable knowledge, you have failed to develop your argument in a structured manner. Reference to primary and secondary sources are descriptive and illustrative yet raise some interesting points. The drawing of a conclusion is limited, as is the description within essay, and generally lacks a coherent argument. In general, the submission demonstrates a reasonable understanding of the key points but the analytical and evaluative aspects of the submission lack focus.

60-69

Answers in this mark range will show a good understanding of the question posed. An academic discussion in conjunction which demonstrates a good knowledge of the key points and there is a constructive use of primary and secondary sources. The conclusion includes some good points and reaches a balanced conclusion. In general, the submission demonstrates a good understanding of the subject with relevant primary and secondary sources

70 +

A discussion relating to the current position of the law in this area demonstrates an excellent understanding of the main concepts.

Academic discussions in conjunction with the use of relevant case law demonstrates an excellent knowledge of the key points and includes a constructive use of primary and secondary sources. The conclusion includes some excellent points and includes some excellent commentary which discusses the main issues. In general, the submission demonstrates a detailed and excellent understanding of the subject.

In Year Retrieval Scheme

Your assessment is not eligible for in year retrieval. If you are eligible for this scheme, you will be contacted shortly after the feedback deadline.

Reassessment

If you fail your assessment, and are eligible for reassessment, you will need to resubmit on or before xxxxx. For students with accepted personal mitigating circumstances, this will be your replacement assessment attempt. Students should be aware that there is no late submission period at reassessment (this includes those students who have an accepted PMC request from a previous attempt).