Crimes of Dishonesty Flashcards
where can the authority for theft be found
Hume
what is the definition of theft
the dishonest taking of possession of a thing and carrying it away
what percentage of crimes do thefts account for
44% of all crimes in 2012/2013
what is the mens rea behind theft
the intention to deprive or appropriate
what is the actus reus for theft
lack of consent is essential and appropriation of property
what is an essential element of theft
dishonesty
what was the case of George Brown (1839)
watch given for repair and then was kept. Became criminal with the intention to deprive
what is robbery
theft accomplished by means of personal violence or intimidation
what can robbery not be without?
theft
give an example of a robbery case
Cromar v HMA 1987, no need for direct violence it is sufficient to cause fear
what is the law of handing over something with regards to robbery?
the law covers deliberately handing over something if under threat
Taking property after a struggle is not robbery. Why?
It is assault and theft as the offences happened at separate times
What happened in the case of Morrison v HMA 2010
Robbery and assault. Not enough to convict assault but was sufficient for robbery
what is aggravated theft?
Preparatory offences when committed with intent to commit a crime. For example, house breaking
when is housebreaking not an offence
not an offence unless intended to steal
give an example of an aggravated theft case
Burns v Allan (1987) attempted to disable alarm and had intended to steal
what is the authority for reset?
Hume
what does Hume define reset as?
“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”
what did Macdonald add to Humes definition of reset?
“privy to the retention”
what is the case authority for privy to retention?
HMA v Browne (1903)
does wilful blindfulness satisfy the mens rea for reset?
yes
give an example of a case on reset
Clark v HMA (1965)
What is embezzlement?
the deliberate appropriation to one’s own use and purpose of property entrusted to one by the owner
what is the actus reus of embezzlement?
already in possession with authority of another, obligation to account. For example, trustee or manager
Give an example of a case on embezzlement
HMA v Laing 1891, solicitor acting for clients
what must be established in an embezzlement crime?
dishonesty
what the definition of extortion
the accuses is guilty if made demand of victim that is blackened by threat
also known as blackmail
give an example of extortion that was acquitted
HMA v Donnoghue and Another 1971, no threat included in demand for money there for not extortion
give an example of extortion
Marion MacDonald (1897) threatened to reveal sexual improprieties unless money paid. Was extortion.
where does the law stand in trying to collect a debt, with regards to extortion
trying to get a debtor to pay back money by the means of extortion is illegal
what is fraud?
A ‘result crime’, where the victim is persuaded to do something would not have normally have done under false pretence
give an example of a fraud case
Tapsell v Pretice (1911) no evidence
with regards to fraud, what must of the mens rea of the accused be?
Must know that what they have done is false and had the intention to decieve
what does not satisfy the crime of fraud?
carelessness
what is forgery and uttering
an exposure of a document to another as if it were genuine
when is the actus reus of forgery and uttering complete
when the document passes beyond control of forger
