Definations

Question 1

The essential elements of breach of the peace;

Answer 1

• It is a crime at common law and can take place anywhere
• It can be committed by one or a number of people
• The conduct of the person or persons must be riotous or disorderly
• Conduct is severe enough to cause alarm to ordinary people

Question 2

Define an offensive weapon

Answer 2

An offensive weapon includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person

Question 3

What are the defences for being in possession of bladed articles

Answer 3

• Educational purposes
• For use at work
• Religious purposes
• As part of a national dress

Question 4

Define Breach of the peace

Answer 4

Breach of the peace is a crime at common law and is constituted by one or more persons conducting himself, or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

Question 5

Define assault

Answer 5

assault is a crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is caused.

Question 6

What are the essential elements of theft by shoplifting?

Answer 6

• There was appropriation of property
• The taken was felonious
• There was intent to deprive the owner
• The property belonged to another

Question 7

Define theft?

Answer 7

Theft is a crime at common law and is the taking and appropriating of property without the consent of the rightful owner or other lawful authority

Question 8

Define house?

Answer 8

A house includes any dwelling house or other roofed building, finished or unfinished, or any part of a dwelling building used as a desperate dwelling, which is secured against intrusion by an unauthorised persons

Question 9

What is section 58 (1), Civic government (Scotland) act 1982.

(PREVENTATIVE OFFENCES)

Answer 9

It is as offence for a certain person who has, or has recently had in there possession, any tool or other object from the possession of which it may reasonably be inferred that they intend to commit theft or have committed theft.

A certain person is a person aged 16 years or older who has two or more convictions for theft.

Question 10

Define robbery

Answer 10

Robbery is a crime at common law and is committed by any person who feleniously appropriates property by means of violence or threats of violence.

Question 11

Define reset

Answer 11

Reset is a crime at common law and is committed by any person with intent to deprive the owner, to keep or receive the property knowing that is has been appropriated by theft, robbery, embezzlement or fraud.

Question 12

State the exemptions of theft.

Answer 12

It is not reset for a wife to receive or conceal property nearly to screen the criminal act of her husband.

2) The crime of reset does not extend to the receipt of the proceeds from the sale of the property

Question 13

What are the essential elements of reset?

Answer 13

G - Guilty knowledge
I - Criminal Intend
R - Receipt of property
O - Property was dishonestly obtained