Essential Elements

Question 1

Essential elements of Vandalism

Answer 1

1. Deliberate intention to damage the property
2. Damage or destruction of property
3. Property doesn’t belong to accused

Question 2

Essential elements of Theft

Answer 2

1. There was appropriation of the property
2. The taking was felonious (no lawful authority/taken without permission)
3. There was intent to deprive the owner
4. The property belonged to another

Question 3

Essential elements of Fraud

Answer 3

1. An intention to defraud
2. Falsehood
3. Wilful imposition

Question 4

Essential elements of S.47 of the Criminal Law (Consolidation) Scotland Act 1995?

Answer 4

1. Without lawful authority
2. No reasonable excuse
3. Proof thereof shall lie on him
4. Public place

Question 5

Essential elements of BOP

Answer 5

1. Bop is crime at common law
2. It can be committed by one or a number of people
3. The conduct of the person(s) must be riotous or disorderly
4. The conduct must be severe enough to cause alarm to ordinary people AND threaten serious disturbance to the community

Question 6

Essential elements of wasting police time

Answer 6

Damage may be caused to the public interest by diverting police resources from normal duties to the investigation of invented story

Question 7

Essential elements of perjury

Answer 7

1. Falsehood must be under oath
2. Must be proved false and that accused knew it was false
3. It must be direct and unequivocal
4. Must be relevant to the point at issue

Question 8

Essential elements of theft by HB?

Answer 8

1. An overcoming of security of house

And

2. Unauthorised appropriation of property (from within the house)

And

3. Intent to deprive owner

Question 9

Essential elements of theft by OLP?

Answer 9

1. An overcoming of security of lockfast place

And

2. Unauthorised appropriation of property (from within the Lockfast place)

And

3. Intent to deprive owner

Question 10

Essential elements of reset

Answer 10

1. Guilty knowledge

> rogues bargain
property recovered from place of concealment
buffed off/removed serial numbers
altered appearance

2. Criminal intent
3. Receipt of property

> simply handling stolen property
having control of, but not physical possession of it.

4. Property dishonestly obtained

Question 11

Essential element of Robbery

Answer 11

1. Violence or threats of violence
2. Must be intent to feloniously appropriate (steal) property
3. The robber must take possession of the property

Question 12

Essential elements of Section 178 of RTA 1988?

Answer 12

1. Vehicle has been taken away
2. The motor vehicle has been driven
3. There was no consent from the owner to do this
4. There was no lawful authority to do this

Question 13

Essential elements of Section 178 of RTA 1988?

Answer 13

1. Vehicle has been taken away
2. The motor vehicle has been driven
3. There was no consent from the owner to do this
4. There was no lawful authority to do this

Question 14

Essential elements of Section 178 (1)(b) of RTA 1988?

Answer 14

1. Knowledge vehicle has been taken without consent of owner or other lawful authority
2. Drive the motor vehicle or allowed themselves to be carried in it
3. No consent from the owner to do this
4. No lawful authority to do this

Question 15

Essential elements of S.52 criminal law consolidation (Scotland) act 1995?

Answer 15

1. Must be either a deliberate intention to damage property or an act so reckless as to show an utter disregard for consequences.
2. There must be damage or destruction of property
3. The property damaged, or destroyed does not belong to accused

Question 16

Essentials elements of malicious mischief

Answer 16

There must be malice; either actual or inferred.
Destruction or damage caused by accident or under reasonable belief of right is not criminal.

Spite not essential

Enough if there is deliberate disregard for or indifference to property or possessor rights of others