Cambridge A Levels Law High-Quality Marked
Answers for A Level Law 9084 Paper 2 Criminal Law
Law 9084/May June 23
Section A
Answer Questions 1(a), (b) and (c) using only the source material provided
1
(a) Jonathan advertises a horse for sale for £10000. The advertisement says that Bob, a
horse specialist, has certified the horse to be in excellent health. In fact, Bob has told
Jonathan that the horse has a serious heart problem. Liz visits Jonathan and she buys
the horse for £10000. He gives her a certificate, which he says is from Bob, stating that
the horse is in excellent health. Liz later discovers that the horse has a serious heart
problem along with other major health issues.
Explain how the source material will apply to Jonathan. [10]
(b) Teresa sees an online advertisement for a science teacher job. She meets all the job
requirements but she has been banned by law from working in a school due to a
conviction for theft. Teresa submits her online application form and is given an interview.
Teresa knows she should disclose her ban. When she is asked at the interview if she is
allowed to work in a school she talks about her excellent teaching style instead. Teresa
is given the job with a large salary. Two months later she is dismissed when the school
discovers her theft conviction.
Explain how the source material will apply to Teresa. [10]
(c) Wilhelm works for a charity. As part of his role, he often stands outside a shop with a
collecting box for the charity. He sees how much money people donate, so he makes his
own collecting box, which looks almost identical to the one the charity uses. Wilhelm
stands by a shop with his collecting box in silence to see what will happen. In one hour
people donate £100. Wilhelm spends the money on clothes. The next day Wilhelm’s
boss gives him the charity’s credit card to go out and buy some office equipment. On his
way back to the office with the equipment, Wilhelm spends £30 on flowers for his
girlfriend using the charity’s credit card.
Explain how the source material will apply to Wilhelm. [10]
Section B
2 (a) Describe omissions in actus reus. [5]
(b) Evaluate the law on appropriation in theft. [25]
, Source material for Section A Question 1
Fraud Act 2006
Section 2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a representation as to
the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything
implying it) is submitted in any form to any system or device designed to receive, convey or
respond to communications (with or without human intervention)
Section 3 Fraud by failing to disclose information
A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a legal
duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss
Theft Act 1968
Section 34 Interpretation
(1) …
(2) For purposes of this Act—
(a) “gain” and “loss” are to be construed as extending only to gain or loss in money or
other property, but as extending to any such gain or loss whether temporary or
permanent; and—
(i) “gain” includes a gain by keeping what one has, as well as a gain by getting
what one has not; and
Answers for A Level Law 9084 Paper 2 Criminal Law
Law 9084/May June 23
Section A
Answer Questions 1(a), (b) and (c) using only the source material provided
1
(a) Jonathan advertises a horse for sale for £10000. The advertisement says that Bob, a
horse specialist, has certified the horse to be in excellent health. In fact, Bob has told
Jonathan that the horse has a serious heart problem. Liz visits Jonathan and she buys
the horse for £10000. He gives her a certificate, which he says is from Bob, stating that
the horse is in excellent health. Liz later discovers that the horse has a serious heart
problem along with other major health issues.
Explain how the source material will apply to Jonathan. [10]
(b) Teresa sees an online advertisement for a science teacher job. She meets all the job
requirements but she has been banned by law from working in a school due to a
conviction for theft. Teresa submits her online application form and is given an interview.
Teresa knows she should disclose her ban. When she is asked at the interview if she is
allowed to work in a school she talks about her excellent teaching style instead. Teresa
is given the job with a large salary. Two months later she is dismissed when the school
discovers her theft conviction.
Explain how the source material will apply to Teresa. [10]
(c) Wilhelm works for a charity. As part of his role, he often stands outside a shop with a
collecting box for the charity. He sees how much money people donate, so he makes his
own collecting box, which looks almost identical to the one the charity uses. Wilhelm
stands by a shop with his collecting box in silence to see what will happen. In one hour
people donate £100. Wilhelm spends the money on clothes. The next day Wilhelm’s
boss gives him the charity’s credit card to go out and buy some office equipment. On his
way back to the office with the equipment, Wilhelm spends £30 on flowers for his
girlfriend using the charity’s credit card.
Explain how the source material will apply to Wilhelm. [10]
Section B
2 (a) Describe omissions in actus reus. [5]
(b) Evaluate the law on appropriation in theft. [25]
, Source material for Section A Question 1
Fraud Act 2006
Section 2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a representation as to
the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything
implying it) is submitted in any form to any system or device designed to receive, convey or
respond to communications (with or without human intervention)
Section 3 Fraud by failing to disclose information
A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a legal
duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss
Theft Act 1968
Section 34 Interpretation
(1) …
(2) For purposes of this Act—
(a) “gain” and “loss” are to be construed as extending only to gain or loss in money or
other property, but as extending to any such gain or loss whether temporary or
permanent; and—
(i) “gain” includes a gain by keeping what one has, as well as a gain by getting
what one has not; and
