5.5 Dishonesty Offences

Question 1

What is the AR for Theft?

Answer 1

Appropriation of |Property |Belonging to Another

Question 2

What is the MR of Theft?

Answer 2

Dishonesty | Intention to deprive that other person of the property

Question 3

What is the AR of Robbery?

Answer 3

Steals | Immediately before, or at the time of stealing AND in order to steal | Uses force or puts or seeks to put a person in fear of being subject to force at that point

Question 4

What is the MR of Robbery?

Answer 4

Dishonesty | Intention to deprive that other person of the property

Question 5

What is the AR of burglary?

Answer 5

Entry | Into a building or part of a building | As a trespasser

Question 6

What is the MR of ‘intentional burglary’?

Answer 6

Intention to steal or inflict GBH or cause unlawful criminal damage | Knowledge of trespass

Question 7

What is the MR of Action-Based Burglary?

Answer 7

Theft or attempted theft or inflicting GBH or attempted GBH (AR and MR of these offences must be proven)

Question 8

What is ‘aggravated burglary’?

Answer 8

Having weapons or explosives at the time of the burglary?

Question 9

What are the dishonesty exceptions of s2(1) of the Theft Act 1968?

Answer 9

1. [Right in law belief]: Where D appropriates property in the belief that they have the right in law to deprive the owner of it

2. [Owner consents belief]: Where D appropriates property in the belief that the owner would consent to it

3. [Owner is indiscoverable belief]: Where D appropriates property in the belief that the true owner cannot be discovered by taking reasonable steps

Subjective: Based on what D believed. Does not apply to Fraud Act offences.

Question 10

If the situation does not fall under the dishonesty exceptions, how can we determine if the MR of dishonesty is present?

Answer 10

The question becomes: “Was what the defendant did dishonest according to the standards of reasonable and honest people?” (Ivey v Genting Casinos).

Objective test but assessed on the facts as the defendant believed them to be.

Question 11

What is the AR for false representation under s2 Fraud Act 2006? (Fraud)

Answer 11

Representation | The representation was false

Question 12

What is the MR for false representation under s2 Fraud Act 2006? (Fraud)

Answer 12

Dishonesty | Intention to gain for self or other or intention to cause loss to another | Knowledge or belief that it is false

Question 13

What is the AR for non-disclosure under s3 Fraud Act 2006? (Fraud)

Answer 13

Duty to disclose | Failure to disclose

Question 14

What is the MR for non-disclosure under s3 Fraud Act 2006? (Fraud)

Answer 14

Dishonesty | Intention to gain for self or another or intention to cause loss to another

Question 15

What is the AR of abuse of position under s4 Fraud Act 2006 (Fraud)?

Answer 15

Position of trust | Abuse of that position

Question 16

What is the MR of abuse of position under s4 Fraud Act 2006 (Fraud)?

Answer 16

Dishonesty | Intention to gain for self or another or intention to cause loss to another

Question 17

How do we determine if dishonesty is present in situations?

Answer 17

First - for Theft Act offences, look at the three s2(1) situations where a person is not dishonest based on their honest belief.

Second - Apply the test from Ivey v Genting Casinos (objective) - do the magistrates or jury think that the conduct is dishonest?

Question 18

Can a person become a burglar even if they didn’t enter a building as a trespasser?

Answer 18

Yes - if they enter a room that they do not have permission to access. They become a trespasser at that point.

Question 19

What are the three types of fraud?

Answer 19

False representations, failing to mention facts and abuse of position.

All 3 types require the conduct to be dishonest and an intention to cause gain or loss.