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criminal law > Crimes of Dishonesty > Flashcards

Crimes of Dishonesty Flashcards

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1
Q

where can the authority for theft be found

A

Hume

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2
Q

what is the definition of theft

A

the dishonest taking of possession of a thing and carrying it away

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3
Q

what percentage of crimes do thefts account for

A

44% of all crimes in 2012/2013

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4
Q

what is the mens rea behind theft

A

the intention to deprive or appropriate

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5
Q

what is the actus reus for theft

A

lack of consent is essential and appropriation of property

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6
Q

what is an essential element of theft

A

dishonesty

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7
Q

what was the case of George Brown (1839)

A

watch given for repair and then was kept. Became criminal with the intention to deprive

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8
Q

what is robbery

A

theft accomplished by means of personal violence or intimidation

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9
Q

what can robbery not be without?

A

theft

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10
Q

give an example of a robbery case

A

Cromar v HMA 1987, no need for direct violence it is sufficient to cause fear

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11
Q

what is the law of handing over something with regards to robbery?

A

the law covers deliberately handing over something if under threat

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12
Q

Taking property after a struggle is not robbery. Why?

A

It is assault and theft as the offences happened at separate times

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13
Q

What happened in the case of Morrison v HMA 2010

A

Robbery and assault. Not enough to convict assault but was sufficient for robbery

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14
Q

what is aggravated theft?

A

Preparatory offences when committed with intent to commit a crime. For example, house breaking

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15
Q

when is housebreaking not an offence

A

not an offence unless intended to steal

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16
Q

give an example of an aggravated theft case

A

Burns v Allan (1987) attempted to disable alarm and had intended to steal

17
Q

what is the authority for reset?

A

Hume

18
Q

what does Hume define reset as?

A

“reset involves taking or retaining possession of stolen goods, knowing them to be stolen, with the intention of keeping them from them from the owner”

19
Q

what did Macdonald add to Humes definition of reset?

A

“privy to the retention”

20
Q

what is the case authority for privy to retention?

A

HMA v Browne (1903)

21
Q

does wilful blindfulness satisfy the mens rea for reset?

A

yes

22
Q

give an example of a case on reset

A

Clark v HMA (1965)

23
Q

What is embezzlement?

A

the deliberate appropriation to one’s own use and purpose of property entrusted to one by the owner

24
Q

what is the actus reus of embezzlement?

A

already in possession with authority of another, obligation to account. For example, trustee or manager

25
Q

Give an example of a case on embezzlement

A

HMA v Laing 1891, solicitor acting for clients

26
Q

what must be established in an embezzlement crime?

A

dishonesty

27
Q

what the definition of extortion

A

the accuses is guilty if made demand of victim that is blackened by threat
also known as blackmail

28
Q

give an example of extortion that was acquitted

A

HMA v Donnoghue and Another 1971, no threat included in demand for money there for not extortion

29
Q

give an example of extortion

A

Marion MacDonald (1897) threatened to reveal sexual improprieties unless money paid. Was extortion.

30
Q

where does the law stand in trying to collect a debt, with regards to extortion

A

trying to get a debtor to pay back money by the means of extortion is illegal

31
Q

what is fraud?

A

A ‘result crime’, where the victim is persuaded to do something would not have normally have done under false pretence

32
Q

give an example of a fraud case

A

Tapsell v Pretice (1911) no evidence

33
Q

with regards to fraud, what must of the mens rea of the accused be?

A

Must know that what they have done is false and had the intention to decieve

34
Q

what does not satisfy the crime of fraud?

A

carelessness

35
Q

what is forgery and uttering

A

an exposure of a document to another as if it were genuine

36
Q

when is the actus reus of forgery and uttering complete

A

when the document passes beyond control of forger

criminal law (10 decks)

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