BPP University College Of Professional Studies Limited (BPP)
This is my own solution corrected by the solution document received from BPP after the mock exam. This document does not contain the question, only the answer. It contains both section A and B.
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BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Criminal Litigation Mock Revision Notes
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MOCK SOLUTION 2021
SECTION B:
Q1:
There are three options for Mitch to choose from: he may answer
questions when asked by the officer in an interview, use a prepared
statement in the interview or refuse to comment to questions by saying
“no comment”.
Disclosure:
In this case, there is adequate information available from the disclosure
to advice Mitch regarding this matter.
Evidence:
The prosecution must prove that Mitch has committed the crime (s.1
Prevention of Crime Act 1953), in this case meaning that he had in his
possession an offensive weapon in public. When taken to the police
station, Mitch was in a public place holding the item in his hand.
However, the item was a screwdriver which is not an offensive weapon
but rather an everyday item. It does not appear to be the case that the
screwdriver has been adapted to cause injury. Thus, the burden of
proof lies with the Prosecution to prove that Mitch intended to use the
screwdriver as an offensive weapon.
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