Theft, Robbery, and Burglary Problem Question Margaret, an elderly lady, invites Helen, her next-door neighbour, to come into her house as she would like Helen to run an errand for her. While Margaret goes out of the lounge to fetch her purse from the kitchen, Helen helps herself to two chocolate liqueurs from a dish on Margaret’s coffee table. Margaret returns from the kitchen and says that she must have left her purse upstairs in her bedroom and would Helen mind fetching it for her. Whilst on the upstairs landing, Helen notices an expensive bottle of perfume in the bathroom. She goes into the bathroom to spray some on to her wrist, but then decides to take the whole bottle which she slips into her pocket. When Helen gets back downstairs with the purse she gives it to Margaret who hand her a £20 note and asks Helen to go to the local store and buy her a few groceries. Without asking, Helen borrows Margaret’s bicycle to go to the store. While at the store she sees a DVD which is expensive at £14.99 so decides to switch price labels with one priced at £9.99. In doing so, she is watched on CCTV by the Store Manager who confronts her as she is approaching the till with the DVD in her hand. Helen panics and pushes the Manager to one side in order to escape. She goes to another store and buys the groceries but keeps £2 change, which she uses to buy herself a magazine. She returns to Margaret’s house and delivers the groceries, telling her that there is no change. Discuss the potential criminal liability of Helen for theft, burglary and robbery, together with any possible defences that she could plead. [OCR, Jan 2003 as adapted by Dr Peter Jepson and Mrs Anna Lindley.]

Section A (carries 50% of the marks)– Pre-seen Question Please note: Students will not be allowed to enter the examination room with any additional notes. 1. Joe, Mike and Tony are the directors of Singing Stars Ltd, a company formed and incorporated in 2010 to carry on a music recording business. Joe, Mike and Tony each own 15% of the company’s shares with the nominal value of £1.00 a share. The remaining shares are owned by 5 other shareholders who each have an 11% holding. The company has only one class of shares and there is a provision in the company’s articles dis-applying the statutory pre-emption rights contained in section 561 of the Companies Act 2006. In recent months the other shareholders have grown increasingly dissatisfied with Joe and Mike and their apparent lack of interest in the company. Tony has also become increasingly frustrated with the situation and so is very interested when he is approached by 4 of the other shareholders to ask his opinion about voting Joe and Mike from the board. However Joe and Mike are told of the plot by Luke, the other fifth shareholder, who offers to support them with his 11% of the vote and later to help them secure a number of lucrative contracts, providing there is “something in it for me.” Joe and Mike suggest the following: (a) That they issue sufficient £1 shares to Luke to raise his stake to 40% to allow them to defeat the resolution for the removal of Joe and Mike from the board. (b) After this they will pass resolutions to remove Tony from the board and to replace him with Luke. (c) As an added incentive the shares will be issued to Luke for 60p each to allow for a tidy profit. (d) Luke has suggested that the company might accept some land which he owns as payment for the shares. ADVISE Tony on the legality of each of the proposed actions.

Prepare a full written answer to the following problem for presentation to the rest of the tutorial group and peer assessment. Dragon Retail Ltd imports and sells toys from China. Dragon contracted to buy 50, 000 at £5 each from China Link Ltd the UK agents. Dragon had £100,000 worth of orders for the toy before Christmas. Due to production problems in China, China Link said the price had to be increased to £7.50 each to ensure delivery before Christmas. Dragon agreed as they did not want to be unable to fill their orders. In addition, Dragon agreed to Trade Union demands just before Christmas to increase staff wages and holidays to avoid a threatened strike that would have prevented delivery of the Christmas orders and put them in breach of contract with their customers. Advise Dragon as to whether they can avoid the contracts with their employees and China Link and recover the extra money paid.