Criminal Law - Criminal Damage Act 1971 - Theft Act 1968 - False representation - Fraud Act 2006

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Problem Question:
Sandy is a cleaner who cleans Trinny’s house. Whilst Sandy is cleaning Trinny’s bedroom one day she fails to notice that Trinny has left a scented candle lit by her bedside. As Sandy is dusting, the candle catches light to the bottom of her shirt and starts to smoulder setting off the smoke alarm. She pats out the fire on her shirt but sees it has left a scorch mark. Unable to stop the smoke alarm beeping, she climbs on a chair and removes the battery from it to disarm it. She then takes a shirt from Trinny’s wardrobe, intending to wear it home, wash it and then replace it. She also takes a squirt of Trinny’ expensive perfume before resuming her cleaning duties in the house.

Sandy is annoyed about her shirt being damaged and later, as she is cleaning the kitchen, she notices an account card for a local chauffeur service that Trinny’s company allows Trinny to use. Feeling that she is owed some compensation for her shirt, she phones the number on the card and uses the account to book herself a chauffeur service to take her home later that day. Having finished her cleaning duties, she relights the scented candle in the bedroom to disguise the earlier smell of smoke and leaves the house. She decides to get a takeaway coffee from the café over the road while she is waiting for her car to arrive.

As the coffee is made and handed to her, she sees the chauffeur service car arrive at Trinny’s house. Knowing the café owner well, she shouts, ‘Sorry, Mick, I have to rush, I’ll pay you for this tomorrow’, and runs out of the café to get in the car. After Sandy has left, but before Trinny arrives home, the candle sets light to a lampshade next to it and a fire starts in Trinny’s house. The fire services are not alerted to the fire because Sandy has removed the battery from the monitored smoke alarm. The emergency services are only called when a neighbour notices smoke billowing from the roof and there is extensive damage to Trinny’s house as a result. Assess the criminal liability, if any, of Sandy.

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