Blackmail, Fraud and Handling Stolen Goods

Question 1

Watson (1916)

Answer 1

D arranged sale of stolen goods without taking possession, could still be convicted of handling stolen goods.

Question 2

Saunders (1982)

Answer 2

D used stolen heater in father’s garage, couldn’t be handling stolen goods as he was not in possession.

Question 3

DPP v Ray (1974)

Answer 3

Fraud by implied representation - entered restaurant intending to pay for meal but during the meal decided to leave without paying, a representation that he was going to pay was made.

Question 4

R v Lambie (1981)

Answer 4

Fraud by implied representation - D had run up many credit card bills, was no longer authorised to use credit card, but by presenting the card to pay for goods in a shop she represented that she had the authorisation to pay.

Question 5

R v Rai (2000)

Answer 5

Fraud by silent representation - D applied for grant to have bathroom installed for his mother in their shared house, she died but he signed the finance agreement without stating this, he represented that she was still alive.

Question 6

R v Silverman (1988)

Answer 6

Fraud by excessive quotation representation - practice of encouraging elderly people to have their driveways tarmacked then forcing them to pay an excessive price.

Question 7

R v Laverty (1970)

Answer 7

Fraud must concern monetary or other property - D switched numberplates on a car, was not selling the car that he purported to sell.

Question 8

R v Rashid (1977)

Answer 8

Fraudulent gain of money - Railway attendant made sandwiches himself and sold them on train as if they were British Rail food to make personal profit.

Question 9

Lawrence and Pomroy (1971)

Answer 9

Gain or loss of money via blackmail only concerns money and other property, not benefits - dispute over roof, Ds went to Vs house to claim money for building repair which V claimed had been inadequately carried out. Ds requested that V step outside so they could sort it out, D was armed with a knife, held it was a menace and therefore blackmail.

Question 10

Healey (1965)

Answer 10

Handling Stolen Goods - physical possession must be accompanied with an intent to possess/control, controlling does not mean that goods must be possessed, they may be in the hands of a third party.