abc GCE 2005 January Series Mark Scheme Law Specification LAW5 Criminal Law (Offences against Property) or Tort or Protection of Human Rights or Consumer Protection Mark schemes are prepared by the Principal Examiner and considered, together with the relevant questions, by a panel of subject teachers. This mark scheme includes any amendments made at the standardisation meeting attended by all examiners and is the scheme which was used by them in this examination. The standardisation meeting ensures that the mark scheme covers the candidates(cid:146) responses to questions and that every examiner understands and applies it in the same correct way. As preparation for the standardisation meeting each examiner analyses a number of candidates(cid:146) scripts: alternative answers not already covered by the mark scheme are discussed at the meeting and legislated for. If, after this meeting, examiners encounter unusual answers which have not been discussed at the meeting they are required to refer these to the Principal Examiner. It must be stressed that a mark scheme is a working document, in many cases further developed and expanded on the basis of candidates(cid:146) reactions to a particular paper. Assumptions about future mark schemes on the basis of one year(cid:146)s document should be avoided; whilst the guiding principles of assessment remain constant, details will change, depending on the content of a particular examination paper. www.theallpapers.com www.XtremePapers.net Further copies of this Mark Scheme are available to download from the AQA Website: www.aqa.org.uk Copyright ' 2005 AQA and its licensors. All rights reserved. COPYRIGHT AQA retains the copyright on all its publications. However, registered centres for AQA are permitted to copy material from this booklet for their own internal use, with the following important exception: AQA cannot give permission to centres to photocopy any material that is acknowledged to a third party even for internal use within the centre. Set and published by the Assessment and Qualifications Alliance. The Assessment and Qualifications Alliance (AQA) is a company limited by guarantee, registered in England and Wales 3644723 and a registered Charity 1073334. Registered address AQA, Devas Street, Manchester M15 6EX. Dr Michael Cresswell, Director General. www.theallpapers.com www.XtremePapers.net Mark Scheme Advanced Level (cid:150) Law (LAW5) Assessment Objectives One and Two General Marking Guidance You should remember that your marking standards should reflect the levels of performance of candidates, mainly 18 years old, writing under examination conditions. The Potential Content given in each case is the most likely correct response to the question set. However, this material is neither exhaustive nor prescriptive and alternative, valid responses should be given credit within the framework of the mark bands. Positive Marking You should be positive in your marking, giving credit for what is there rather than being too conscious of what is not. Do not deduct marks for irrelevant or incorrect answers, as candidates penalise themselves in terms of the time they have spent. Mark Range You should use the whole mark range available in the mark scheme. Where the candidate(cid:146)s response to a question is such that the mark scheme permits full marks to be awarded, full marks must be given. A perfect answer is not required. Conversely, if the candidate(cid:146)s answer does not deserve credit, then no marks should be given. Levels of Response for Essay Marking When reading an answer it is useful to annotate your recognition of the achievement of a response level. This will help the Senior Examiner follow your thought processes. Levels of response marking relies on recognition of the highest Level achieved by the candidate. When you have finished reading the essay, therefore, think top-down, rather than bottom-up. In other words, has the candidate(cid:146)s overall answer met the requirements for the top level? If not, the next level? Citation of Authority Candidates will have been urged to use cases, statutes and examples whenever appropriate. Even where no specific reference is made to these in the mark scheme, please remember that their use considerably enhances the quality of an answer. www.theallpapers.com www.Xtrem3ePapers.net Law (LAW5) - Advanced Level Mark Scheme Assessment Objective Three Quality of Written Communication The Code of Practice for GCSE, GCSE in vocational subjects, GCE, VCE and GNVQ requires the assessment of candidates(cid:146) quality of written communication wherever they are required to write in continuous prose. In this unit, this assessment will take place by marking the candidate(cid:146)s script as a whole, by means of the following criteria: Level 3 Moderately complex ideas are expressed clearly and reasonably fluently, through well linked sentences and paragraphs. Arguments are generally relevant and well structured. There may be occasional errors of grammar, punctuation and spelling. 8-10 marks Level 2 Straightforward ideas are expressed clearly, if not always fluently. Sentences and paragraphs may not always be well connected. Arguments may sometimes stray from the point or be weakly presented. There may be some errors of grammar, punctuation and spelling, but not such as to detract from communication of meaning. 4-7 marks Level 1 Simple ideas are expressed clearly, but arguments may be of doubtful relevance or be obscurely presented. Errors in grammar, punctuation and spelling may be noticeable and intrusive, sufficient to detract from communication of meaning. 1-3 marks Level 0 Ideas are expressed poorly and sentences and paragraphs are not connected. There are errors of grammar, punctuation and spelling, such as to severely impair communication of meaning. 0 marks www.theallpapers.com www.XtremePapers.net 4 Mark Scheme Advanced Level (cid:150) Law (LAW5) Note: In the mark scheme which follows, there are two standard mark band descriptors: • The substantive law question mark bands (cid:150) question parts (a) and (b); • The evaluative question mark bands (cid:150) question part (c). These mark bands are set out at the beginning and are to be applied to each relevant question part. They are not repeated for each question part. Except where otherwise indicated, (cid:145)sound(cid:146), (cid:145)clear(cid:146) and (cid:145)some(cid:146) refer to both explanation and application/evaluation. Where, for any element of potential content, one is achieved at the higher level but the other at a lower level, the overall description for that potential content will tend towards the lower level. Substantive law question mark bands (3 potential content) 21 - 25 The candidate soundly explains and applies the rules of law in two of (A)-(C) (max 21), and clearly explains and applies the rules of law in the other (max 23 for some explanation and application of rules of law in the other) or the candidate soundly explains and applies the rules of law in one of (A)-(C) and clearly explains and applies the rules of law in the other two (max 21). 16 - 20 The candidate soundly explains and applies the rules of law in one of (A)-(C), and clearly explains and applies the rules of law in another or the candidate clearly explains and applies the rules of law in any two of (A)-(C) (max 18) and presents some explanation and/or application of the other or presents some explanation and application of the rules of law in all three of (A)-(C) (max 16). 11 - 15 The candidate soundly explains and applies the rules of law in one of (A)-(C) or the candidate clearly explains and applies the rules of law in one of (A)-(C) and presents some explanation and/or application of the rules of law in any other one of (A)-(C) or the candidate presents some explanation and application of any two of (A)-(C) (max 13) or the answer focuses on explanation of rules of law with no significant application (max 15 if sound on two or clear on three, max 13 if sound on one or clear on two, max 11 if clear on one or some on two) or the answer focuses on application to the facts with no significant legal framework (max 12 where the answer displays a sound understanding of the elements of the analysis). 6 - 10 The candidate presents some explanation and/or application of any of the rules of law in (A)-(C). 1 - 5 The candidate merely introduces fragments of information or unexplained examples from which no coherent explanation and application can emerge or though the candidate attempts to explain and/or apply rules of law, the explanation and/or application are so fundamentally undermined by error and confusion that the answer remains substantially incoherent. 0 The candidate presents no information relevant to the question. www.theallpapers.com www.XtremePapers.net 5 Law (LAW5) - Advanced Level Mark Scheme Substantive law question mark bands (3 potential content) (cid:150) list of maximum marks 25 two sound, one clear 23 two sound, one some 21 two sound or one sound, two clear 20 one sound, one clear or two clear, one some (explanation and/or application)) 18 two clear 16 three some 15 one sound or two sound explanation or one clear, one some (explanation and/or application) or three clear explanation 13 one clear or one sound explanation or two clear explanation or two some 12 sound application 11 one clear explanation or two some explanation 10 one some explanation and/or application 05 relevant fragments or relevant but incoherent 00 completely irrelevant Note: it follows from the above that, however well the law is explained, answers which contain no application can never achieve more than 15 marks. Substantive law question mark bands (2 potential content) 21 - 25 The candidate soundly explains and applies the rules of law in (A)-(B) or the candidate soundly explains and applies the rules of law in one of (A)-(B) and clearly explains and applies the rules of law in the other (max 23). 16 - 20 The candidate soundly explains and applies the rules of law in one of (A)-(B) (max 18), and presents some explanation and application of the other or the candidate clearly explains and applies the rules of law in both of (A)-(B) or the candidate clearly explains and applies the rules of law in one of (A)-(B) and presents some explanation and application of the other (max 18). 11 - 15 The candidate clearly explains and applies the rules of law in one of (A)-(B) or the candidate presents some explanation and application of both of (A)-(B) (max 13 if one only) or the answer focuses on explanation of rules of law with no significant application (max 15 if sound on two, max 13 if sound on one or clear on two, max 11 if clear on one or some on two) or the answer focuses on application to the facts with no significant legal framework (max 12 where the answer displays a sound understanding of the elements of the analysis). 6 - 10 The candidate presents some explanation and/or application of any of the rules of law in (A)-(B). www.theallpapers.com www.XtremePapers.net 6 Mark Scheme Advanced Level (cid:150) Law (LAW5) 1 - 5 The candidate merely introduces fragments of information or unexplained examples from which no coherent explanation and application can emerge or though the candidate attempts to explain and/or apply rules of law, the explanation and/or application are so fundamentally undermined by error and confusion that the answer remains substantially incoherent. 0 The candidate presents no information relevant to the question. Substantive law question mark bands (2 potential content) (cid:150) list of maximum marks 25 two sound 23 one sound, one clear 20 one sound, one some or two clear 18 one sound or one clear, one some 15 one clear or two some or two sound explanation 13 one some or one sound explanation or two clear explanation 12 sound application 11 one clear explanation or two some explanation 10 one some explanation and/or application 05 relevant fragments or relevant but incoherent 00 completely irrelevant Evaluative question mark bands (2 potential content) 21 - 25 The candidate soundly evaluates relevant aspects of the rules of law in (A)-(B) or soundly evaluates relevant aspects of the rules of law in one of (A)-(B) and clearly evaluates relevant aspects of the rules of law in the other (max 23). 16 - 20 The candidate soundly evaluates relevant aspects of the rules of law in one of (A)-(B) (max 18) and presents some evaluation of the other or the candidate clearly evaluates relevant aspects of the rules of law in both of (A)-(B) or the candidate clearly evaluates relevant aspects of the rules of law in one of (A)-(B) and presents some evaluation of the other (max 18). 11 - 15 The candidate clearly evaluates relevant aspects of the rules of law in one of (A)-(B) or the candidate presents some evaluation of relevant aspects of the rules of law in both of (A)- (B) (max 13 for one). 6 - 10 The candidate presents some explanation and/or evaluation of relevant aspects of the rules of law in either of (A)-(B). 1 - 5 The candidate merely introduces fragments of information or unexplained examples from which no coherent explanation or evaluation can emerge or though the candidate attempts to explain and/or evaluate relevant rules of law, the explanation and/or evaluation are so fundamentally undermined by error and confusion that the answer remains substantially incoherent. 0 The candidate presents no information relevant to the question. www.theallpapers.com www.XtremePapers.net 7 Law (LAW5) - Advanced Level Mark Scheme Evaluative question mark bands (2 potential content) (cid:150) list of maximum marks 25 two sound 23 one sound, one clear 20 one sound, one some or two clear 18 one sound or one clear, one some 15 one clear or two some 13 one some 10 one some explanation and/or evaluation 05 relevant fragments or relevant but incoherent 00 completely irrelevant www.theallpapers.com www.XtremePapers.net 8 Mark Scheme Advanced Level (cid:150) Law (LAW5) Maxima Substantive law question mark bands (3 potential content) (cid:150) list of maximum marks 25 two sound, one clear 23 two sound, one some 21 two sound or one sound, two clear 20 one sound, one clear or two clear, one some (explanation and/or application)) 18 two clear 16 three some 15 one sound or two sound explanation or one clear, one some (explanation and/or application) or three clear explanation 13 one clear or one sound explanation or two clear explanation or two some 12 sound application 11 one clear explanation or two some explanation 10 one some explanation and/or application 05 relevant fragments or relevant but incoherent 00 completely irrelevant Note: it follows from the above that, however well the law is explained, answers which contain no application can never achieve more than 15 marks. Substantive law question mark bands (2 potential content) (cid:150) list of maximum marks 25 two sound 23 one sound, one clear 20 one sound, one some or two clear 18 one sound or one clear, one some 15 one clear or two some or two sound explanation 13 one some or one sound explanation or two clear explanation 12 sound application 11 one clear explanation or two some explanation 10 one some explanation and/or application 05 relevant fragments or relevant but incoherent 00 completely irrelevant Evaluative question mark bands (2 potential content) (cid:150) list of maximum marks 25 two sound 23 one sound, one clear 20 one sound, one some or two clear 18 one sound or one clear, one some 15 one clear or two some 13 one some 10 one some explanation and/or evaluation 05 relevant fragments or relevant but incoherent 00 completely irrelevant www.theallpapers.com www.XtremePapers.net 9 Law (LAW5) - Advanced Level Mark Scheme Criminal Law (Offences against Property) 1 Total for this question: 75 marks (a) Discuss Alan(cid:146)s criminal liability in connection with the (cid:147)Rolex(cid:148) watch and his failure to pay at the cafØ, and discuss Brad(cid:146)s criminal liability in connection with the £5 he collected from Alan. (25 marks) Potential Content (A) Theft of the watch, concentrating on the issues of dishonesty (especially s2(1)(c)) and intent permanently to deprive (B) Evasion of liability by deception (Theft Act 1978 s2(1)(b)) for the delay in paying the bill in the cafØ. Alternatively, an argument about making off without payment under s3. Treatment of both may be more superficial (C) Theft of the £5 by Brad by virtue of the operation of s5(3) of the Theft Act 1968, or by application of the Gomez rule for appropriation. An alternative in obtaining property by deception under s15 of the 1968 Act. A more superficial treatment may be expected when two or more are addressed NB: Where the candidate introduces discussion of intoxication, credit as appropriate in (B) and/or (C). (b) Discuss Alan(cid:146)s criminal liability for property offences in connection with the baked potato and the further incident with Chris. (25 marks) Potential Content (A) Theft of the baked potato, with particular reference to the issue of appropriation where there is consent as in a free gift but there may be dishonesty (Hinks) (B) Robbery in connection with the subsequent use of force against Chris. Was there sufficient force? Was it used (cid:145)immediately before or at the time(cid:146) of the theft and was it (cid:145)in order(cid:146) to steal? (C) The effect of intoxication on the liability for offences of theft and robbery (c) Comment on the suggestion that the definition of theft in the Theft Act 1968 has given rise to few problems. (25 marks) Potential Content (A) Evaluative discussion of actus reus aspects of theft (cid:150) a sound answer may deal in depth with only one issue but breadth of treatment may compensate for lack of depth (and so be sound) (B) Evaluative discussion of mens rea aspects of theft (cid:150) a sound answer may deal in depth with only one issue but breadth of treatment may compensate for lack of depth (and so be sound) www.theallpapers.com www.XtremePapers.net 10