Dishonesty

Question 1

S1 theft

Answer 1

a person is guilty of an offence if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

whatssa test of dishonesty

Answer 2

uh not defined byt R V Gosh and Genting V Irvine - what would a reasonable person think

Question 3

how many defences are there for theft and what are they

Answer 3

3
1. They belelived they could take the item
2. They genuine believed the person would not mind them taking it / consent
3. They took all reasonable steps to reunite the item with OG owner

Question 4

s13 of theft act

Answer 4

Abstracting electricity

a person is guility of abstracting electricity if he dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted

Question 5

S1 CDA

Answer 5

Normal criminal damage
A person who without lawful excuse destroys or damages and property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence

Question 6

S1(2) CDA

Answer 6

So bascially CD that endangers life

A person who without lawful excuse, destroys or dmages any property, whether belonging to himself or another
a) intending to destroy or damage any property or being reckless as to whether any property would be desroyed or damaged AND
B) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would therby be endangered

Question 7

S2 CDA

Answer 7

Threats to destroy or damage property

A person witho9ut lawful excuse makes to another a threat, intending that the other would fear it would be carried out

to destroy or damage property belonging to that other or third person OR

To destroy or damage their own property in a way which they know is likely to endanger the life of that other or third person

Question 8

s3 CDA

Answer 8

Possessing anything with intent to destroy or damage property or endanger life

• an offence is commited by a person who has an article in their custody or under their control intending without lawful excuse, to use it or cause to permit another
• to destroy/ or damage any property belonging to some other person
• to destroy or damage their own or users property in a away which they know is likely to endanger the life of some other person

Question 9

whats s91a theft act

Answer 9

Burglary
- a person is guilty of burglary if he enters a building or part of a building as a tresspasser with the intent to steal anything therin OR inflict grevious bodily harm on a person therin OR damage any property therin

Question 10

whats 91b theft act

Answer 10

Burglary
-a person is guilty of this offence if having entered a building or part of a building as a tresspasser goes on to. steal or attempt to steal anything therin OR inflict or attempt to inflict GBH on any person therin

Question 11

whats the difference between 91a and 91b

Answer 11

91a and relates to intent only while 91b is dealing with carrying out acts. 91b is easier to prove as it doesnt need proof of intent

Question 12

s10 theft act

Answer 12

aggi burglary

a person is guilty of aggrevated burglary if he commits any burglary and at the time. has with his any weapon of offence OR immitation firearm OR firearm OR explosive

Question 13

whats the difference between aggi burglary 91a and 91b

Answer 13

so the wife gotta be with you at the time of entry for aggi burglary and must be accomponed by intent to commit one of ulterior motives

91b you just gotta have it with you at the time he steals/inflicts gbh or attemps to do either

Question 14

robbery sec and dec

Answer 14

sec 8 theft act

• a person commits robbery of they steal and immediately before doing so or at the time of doing so and in order to do so uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force