PART 2- Case Study
You are required to submit one 1,500 word (+/- 10%)
Imagine that you are the judge presiding over the case of MB. Your task is to provide an account of your sentencing decision making using the sentencing guidelines. Your sentencing remarks should take account of the philosophies of punishment and the complexities of the case which inform sentencing.
MB has been convicted of Fraud (by failing to disclose information) contrary to section 3 of theFraud Act 2006. She has been convicted of failing to notify the department of work and pensions when her partner was residing at her address over a ten-year period. The total amount fraudulently claimed is £30,000.
MB is in a relationship with her long-term partner who is the father of her three children (aged 11,6 & 4). Her partner has a long-term drug addiction to Class A drugs and will often leave the family home for long periods. This is a source of tension in the relationship and her partner has beenphysically abusive towards her in the past.
MB’s account of the offence was that she had initiated a sole claim after her partner had left someten years previous. Her partner returned to the property on multiple occasions over the ten year period but this was never long-term and as such she did not change the claim as she expected that he would leave again. MB states that she could not afford any delays with her benefits due toher very tight budget and she was also concerned that any joint claim would give her partneraccess to money which he would use for drugs. MB presents as remorseful for her actions and entered a guilty plea at the first opportunity.
MB does not have any family nearby having moved to the area to be with her partner when shewas aged 16. Her social networks are limited but she would like to start some part-time employment when her youngest child starts school. She does not use illicit substances or alcohol and she has no previous convictions.
• Your sentencing remarks do NOT need to include the case study (or a section outlining the facts of the case)
• Use the relevant sentencing guidelines to inform your decision-making
• Consider any mitigating or aggravating features of the case and indicate how these would affect your sentencing decisions in accordance with the guidelines
• Critique the potential sentences for this case and then make a clear sentencing decision. Use the philosophies of punishment within your justification
• Use the academic literature to develop your rationale
Assessment Requirements and Guidance
• The following information applies to ALL assessments. Please read carefully before you begin.
• ● Essays and other assignments must be word-processed using 12-point font and doublespaced or 1.5 line spaced.
• ● Coursework should be within +/- 10% of the stipulated word length. The penalties that apply to assessments that fall outside this range are set out in the Departmental and Course Supplement.
• ● Please type the assignment title at the top of the first page of your work.
• ● Please type the word count at the end of the last page of your work.
• ● To ensure assessments are marked anonymously, you must use your student identification number NOT your name. Please put your student identification number in a header or footer so that it appears on every page.
• ● Essays must include a reference list and be properly referenced throughout using the APA referencing style.
• ● You should support your statements and arguments with appropriately referenced evidence from a range of academic books, journals and other reputable sources.
• ● It is usual to avoid the first person (I, we, me etc) in academic essays and reports unless asked to reflect upon your own personal experience or professional practice.
• ● Demonstrate knowledge of relevant theories and the ways in which these assist in a greater understanding of the topic.
• ● You should demonstrate evidence of wider reading and research, in particular, an awareness of the relevant and up-to-date initiatives, policies and legislation