Criminal law

Question 1

Theft

Answer 1

S1- 7 of the Theft Act 1968

Question 2

Robbery

Answer 2

S8 of the Theft Act 1968

Question 3

Burglary

Answer 3

S9(1a) and S9(1b) of the Theft Act 1968

Question 4

Blackmail

Answer 4

S21 of the Theft Act 1968

Question 5

Handling Stolen goods

Answer 5

S22 of the Theft Act 1968

Question 6

Making off without payment

Answer 6

S3 of the Theft Act 1978

Question 7

Criminal damage

Answer 7

S1 of the Criminal Damage Act 1971

Question 8

Fraud

Answer 8

ss1-4 and S11 Fraud Act 2006

Question 9

Theft Mens rea

Answer 9

Dishonestly and intention to permanently deprive

Question 10

Theft Actus reus

Answer 10

Appropriate, property and belonging to another

Question 11

Theft sentencing

Answer 11

Triable either way
- 7 years maximum sentencing and/or unlimited fine

Question 12

Robbery Actus reus

Answer 12

Actus reus of theft + Force or threat of force

Question 13

Robbery Mens rea

Answer 13

Mens rea for theft + intention to use force to carry out the theft

Question 14

Robbery Sentencing

Answer 14

Indictment
- Life imprisonment and/or unlimited fine

Question 15

Burglary Actus reus

Answer 15

Entry ,Of a building or part of a building and As a trespasser.
+
actus reus for theft after entry (if theft-related burglary under s9(1)(a))
or
actus reus for GBH or attempted GBH (if GBH-related burglary under s9(1)(b))
+
Possession of firearm or imitation firearm, weapon of offence or explosive (= aggravated burglary, s10)

Question 16

Burglary Mens rea

Question 17

Burglary Sentencing

Answer 17

Triable either way
- 14 years maximum imprisonment in the case of dwelling
- otherwise 10 years
- S10 is aggravated burglary which is tried only on indictment and has the charge of life imprisonment

Question 18

Blackmail Actus reus

Answer 18

Demand , unwarranted and with menaces

Question 19

Blackmail Mens rea

Answer 19

Intention to make an unwarranted demand with menaces

+

Intention to gain or cause loss

Question 20

Blackmail defences

Answer 20

D believes they had reasonable grounds for making the demand

+

D believes that use of menaces was the proper way to enforce the demand

Question 21

Blackmail Sentencing

Answer 21

Indictment only
- 14 years maximum imprisonment

Question 22

Handling stolen goods Actus reus

Answer 22

Recieve,Retain, Remove and Dispose /Realise
+
by or for the benefit of another person,
or
Arranges to do so.

Question 23

Handling stolen goods Mens rea

Answer 23

Knowing or believing them to be stolen goods and dishonesty

Question 24

Handling stolen goods Sentencing

Answer 24

Triable either way
- 14 years imprisonment

Question 25

Making off without payment Actus reus

Answer 25

makes off + without having paid + as required or expected + for goods or services provided

Question 26

Making off without payment Mens rea

Answer 26

knowledge that payment on the spot + is required or expected + with intent to avoid payment of the amount due

Question 27

Making off without payment Sentencing

Answer 27

Triable either way
- 2 years maximum imprisonment

Question 28

Criminal damage Actus reus

Answer 28

s.1(1) = basic criminal damage
Destroys or damages property
Belonging to another

s.1(2) = aggravated criminal damage
Destroys or damages property
Belonging to himself or another
(similar to s1 however it endagers life and destroy your own property too)

s.1(3) = arson
Destroys or damages property
Belonging to another
By fire.

Question 29

Criminal damage Mens rea

Answer 29

s.1(1) = basic criminal damage
Intention to destroy or damage property
or
Reckless about destruction or damage

s.1(2) = aggravated criminal damage
Intention to destroy or damage property
or
Reckless about destruction or damage
AND
Intention to endanger life by the destruction or damage of property
Or
Reckless about endangering life by the destruction or damage of property

s.1(3) = arson
Intention to destroy or damage property
or
Reckless about destruction or damage

Question 30

Criminal damage defences

Answer 30

With lawful excuse?
[Applies to basic criminal damage and arson]

Question 31

Criminal damage Sentencing

Answer 31

Maximum sentence for basic criminal damage (S1(1)) = 10 years in prison

Maximum sentence for aggravated criminal damage (S1(2)) = ‘Life’ in prison

Maximum sentence for arson (S1(3)) = ‘Life’ in prison

Question 32

Fraud Actus reus

Answer 32

Fraud by false representation (s2)
Making a false representation
(fact or law; verbal or non-verbal; express or implied)

Fraud by failure to disclose information (s3)
Failure to disclose information
Where a legal duty to do so exists

Fraud by abuse of position (s4)
Occupies a position in which they are expected to safeguard financial interests of another (position of trust or ‘fiduciary duty’)
Abuse of position (by act or omission)

Obtaining services dishonestly (s11)
Obtains services (for himself or another) by act (not omission)
Services provided on basis of payment being made in full
Payment not made in full

Question 33

Fraud Mens rea

Answer 33

Fraud by false representation (s2)
Dishonest
Knowledge that the representation was or might be untrue or misleading 
Intention to make gain or cause loss

Fraud by failure to disclose information (s3)
Dishonesty 
Intention to make gain or cause loss

Fraud by abuse of position (s4)
Dishonesty 
Intention to make gain or cause loss

Obtaining services dishonestly (s11)
Dishonesty 
Knowledge that services provided on basis of payment being made in full
Intention not to make payment in full

Question 34

Fraud Sentencing

Answer 34

Triable either way
The maximum penalty is 10years’ imprisonment on conviction on indictment (ss1-4)
The maximum penalty is 5 years’ imprisonment on conviction on indictment (s11)