Fraud, burglary and Robbery

Question 1

What act can fraud be found under?

Answer 1

-Fraud Act 2006

Question 2

What does S2(1) of the Fraud Act say?

Answer 2

• A person is in breach if he dishonestly makes a false representation and intends to make a gain for himself or another o
• Or cause loss or expose another to that loss

Question 3

When is representation false?

Answer 3

• When it is untrue or misleading and a person knows this could be the case

Question 4

What act can burglary be found under?

Answer 4

• Section 9 of The Theft Act 1968

Question 5

What is the max sentence that can be had for burglary?

Answer 5

• 14 years

Question 6

What does S9(1) of the theft act say about burglary?

Answer 6

a - Guilty if he enters a building as a trespasser with intent to commit an offence
b - Enters and steals or attempts to steal or attempts to cause GBH to someone

Question 7

What does S9(2) of the Theft Act say about burglary?

Answer 7

• Offences of stealing, inflicting GBH or doing unlawful damage to the building or inside the building

Question 8

Collins 1973

Answer 8

• Women asleep, drunk and naked and saw a figure in the window and assumed it was her boyfriend so she beckoned him to her bed
• They had sex and then she realised it was not her BF and he was charged with burglary
• TJ directed the jury that he would be guilty if he has intentionally or recklessly trespassed
• At this time it could be classed as burglary intending to commit rape
• He appealed TJ directions
• conviction was quashed as he cannot be a trespasser without knowing or being reckless to the fact

Question 9

Jones and Smith 1976

Answer 9

• Went to fathers bungalow and stole TV
• They claimed they had general permission to enter
• COA said they would be guilty if ‘ They enter knowing they are entering in EXCESS of the permission that has been given or has been reckless to this’
• Conviction upheld

Question 10

Brown 1985

Answer 10

• He had his half body through window so claimed he was not fully in the window
• This appeal was dismissed

Question 11

Ryan 1996

Answer 11

• Man found D stuck in his window and the D had to be rescued by fire brigade
• Claimed he was not capable of stealing
• COA dismissed

Question 12

What section of what act can aggravated burglary be found?

Answer 12

• Section 10(1) theft act 1968

Question 13

What does Section 10(1) theft act 1968 say?

Answer 13

• If he commits burglary with a firearm, any weapon of offence or explosive with him
• Max life sentence

Question 14

What is the definition of Robbery as can be found under section 8(1) of the theft act 1968?

Answer 14

• If he steals and immediately before or at the same time uses force on a person of seeks to put someone in fear of force