Aria believed that Emmie was consenting. With reference to relevant statute and case law advise Carrie and Aria of their potential criminal liability.

Criminal law

 You must answer all of the Questions in this section.

1. Mazzie is staying with a friend. Mazzie is having money problems and has recently been evicted from his flat. His friend’s neighbour has a Ferrari parked on the drive. Mazzie learns that the neighbour is on holiday. Knowing that the value of the Ferrari would more than cover Mazzie’s debts and so decides to hotwire the car and sell it on.

While on the driveway of the neighbour’s property Mazzie notices that the study window had been left open ever so slightly. Mazzie was able to open the window further and gain entry to the property.

When inside, he sees the keys to the Ferrari on the hall table. Next to the keys was £80 in cash. Mazzie took the keys to the Ferrari, the £80 cash. While he is on his way to sell the car Mazzie stops off at the motorway services. He buys himself a coffee and a donut out of the £80 cash he had taken from the neighbour’s property.

With reference to relevant statute and case law advise Mazzie of his potential criminal liability.

2. Aria and Emmie meet at a pub. Both are drinking soft drinks. They share a consensual kiss at the pub. Aria invites Emmie back to her flat. Emmie agrees but says she can only stay for a short while because she has to get up early the next morning.
When they arrive at the flat they are welcomed by Aria’s flatmate, Carrie. Aria asks Emmie if she wants to have sex. Emmie declines but says she is happy to get to know Aria with a chat and a cup of tea. Carrie makes all three of them a cup of tea. She slips valium into Emmie’s tea to relax her. Carrie sits next to Emmie and strokes her leg. Emmie pushes Carrie’s hand away.

Emmie drinks the tea. The valium causes her to drop in and out of consciousness. Aria again asks Emmie if she wants to have sex. Emmie mumbles but Aria can’t make out what she said. Aria begins to undress Emmie. Emmie does not protest or resist. When Emmie momentarily regains consciousness she finds herself naked and Aria is penetrating Emmie’s anus with her fingers. Aria sees that Emmie is awake and asks ‘Does this feel good?’ Emmie is still suffering from the side effects of the Valium and doesn’t reply to Aria’s question.

Aria believed that Emmie was consenting. With reference to relevant statute and case law advise Carrie and Aria of their potential criminal liability.

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