Question: Subject: File reference number EG321DCTL Message from: Eleanor Garcia Message to: Trainee Law Hi Trainee, I would like to meet with you later this week

Subject: File reference number EG321DCTL Message from: Eleanor Garcia Message to: Trainee Law Hi Trainee, I would like to meet with you later this week to discuss a case that has been referred to us by Lawton police force. The brief information I have received from the officer dealing with the case is as follows: Oscar Underwood and Alex Usher met on an internet dating site. They swapped phone numbers, started texting, and went on one date. Since their date, Oscar continued to phone and text Alex despite her asking him to stop contacting her. In one day, Oscar called Alex over two hundred times, left forty voicemails and sent her numerous abusive text messages. When Alex blocked him from calling her mobile phone number, he began contacting her through a workplace social media site. Oscar became more obsessive, and he began travelling to Alex's workplace - waiting outside for her to leave the building. One day, Oscar followed Alex home and said that he would not leave until she agreed to go on another date with him. After this incident, Alex contacted the police and went to stay with her family. Later that evening, Oscar tried to telephone Alex and became irate when he realised that he was still blocked from calling her mobile and home phone. He returned to Alex's house, smashed several windows and spray painted the word 'Liar' on her front door. Alex witnessed Oscar's actions on her doorbell camera and called the police a second time. Oscar was arrested at the scene. When Oscar was questioned by police, he claimed that he was in a relationship with Alex and that he was at the house because Alex had asked him to check on it while she was away. We need to consider Oscar's criminal liability under s2A of the Protection from Harassment Act 1997. We also need to consider Oscar's liability under s1(1) of the Criminal Damage Act 1971. Question 1 Use an IRAC table to plan an answer in 400 word to the part of this problem question that relates to Oscar's criminal liability under s1(1) of the Criminal Damage Act 1971. You should consider whether Oscar's actions satisfy the actus reus and mens rea of the offence of criminal damage. (40 marks) Question 2 Write a full answer in 500 words using IRAC to advise whether Oscar is liable for stalking under s2A of the Protection from Harassment Act 1997. (50 marks) Question 3 State in 100 words which one of the steps in IRAC you found most challenging and explain why. (10 marks) If you can get back to me as soon as possible by email, that would be great. Regards, Eleanor Eleanor Garcia| CPS Solicitor Email: E..a@CPSsolicitor.co.uk

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