Crimes of Dishonesty

Question 1

What is embezzlement?

Answer 1

the deliberate appropriation and act of theft or misappropriation of funds placed in the trust of someone, such as funds that belong to an employer

Question 2

What is the actus reus for embezzlement?

Answer 2

Appropriation, property, already in possession, with authority of another, obligation to account

Question 3

What is the mens Rea for embezzlement?

Answer 3

Deliberate intention to appropriate must be proved or inferred from the facts

Question 4

What type of property can be embezzled?

Answer 4

Corporeal and incorporeal

Can embezzle property to which you have a title or are in possession of

Question 5

What is extortion?

Answer 5

AN accused is guilty of extortion if they make a demand of a victim that is backed by a threat that the victim should
a) act to the advantage of the accused
b)to another person
c) to the victims disadvantage 
Commonly referred to as blackmail

Question 6

What is required for a crime to be extortion?

Answer 6

Must be a demand backed by threat to make the victim forced into acting to the advantage of another

Question 7

What is not a defence for extortion?

Answer 7

Legal entitlement

Question 8

What must fraud contain?

Answer 8

1. A false pretence
2. A define practical result
3. a causal link between the pretence and the result

Question 9

What is false pretence?

Answer 9

Facts made with the intent to fraud someone

Must be proved to be false for no crime

Question 10

What is an express pretence?

Answer 10

Written or spoken pretences eg fake id at licensed premises

Question 11

Can a pretence be for something that did not happen?

Answer 11

Pretending to carry out work and charging for it amounts to fraud

Question 12

What is the mens Rea for fraud?

Answer 12

Knowledge that what is said or written is false and intention to decieve

Question 13

What is forgery and uttering?

Answer 13

Deliberate exposure of a forged document to another person as if it were genuine where the person exposing the forged document knows it is forged and intends that the recipient should be deceived by it.

Question 14

What is the actus reus of forgery and uttering?

Answer 14

Forgery itself is not a crime the actus reus is completed when the document passes beyond the control of the forger

Question 15

Why is forgery not a crime on its own?

Answer 15

As long as the forged document has not been put to any use to attempt to do so it is not a crime

Question 16

What is the mens Rea of forgery and uttering?

Answer 16

Accused must know that the document is forged and there must be an intention to devieve another person