Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal > Offences Against Property > Flashcards

Offences Against Property Flashcards

1
Q

4 types of criminal damage

A

Basic s1(1)
Aggravated s1(2)
Basic by fire s1(3)
Aggravated by fire s1(4)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Elements of basic criminal damage

A

Without lawful excuse destroys or damages any property belonging to another

Intention and recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Meaning of destroy (criminal damage)

A

Final

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Meaning Of damage (criminal damage)

A

Can be temporary

Need physical damage or impairment in value of utility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Defences for criminal damage (basic only)

A

Believed V consented or would consent if they knew circumstances (subjective)

To protect property belonging to himself or another in need of imminent protection and means of protection were reasonable in circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is aggravated criminal damage

A

Basic offence plus intending by destruction and damage to endanger life of another or being reckless as to whether life would be endangered

4 ways to charge offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Squatting in a residential building

A

S144 LASPO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Making off without payment

A

Knowing that payment for goods or services is expected
Dishonestly makes off without having paid
With intent to never pay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Handling stolen goods

A

Knows or believes them to be stolen goods
Dishonestly received
Dishonestly undertakes or assists in: retention, removal, disposal or realisation by or for the benefit of another person
Or if he arranges to do so

Suspicion not enough

18 ways to charge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Burglary

A

Enters building or part of building as trespasser with intent to commit
Theft or attempted
GBH or attempted
Criminal damage

Prove MR of ulterior offence

Trespasser or reckless to that fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Aggravated burglary

A

Standard offence plus had an offensive weapon at the time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is an offensive weapon for aggravated burglary

A

Anything made, adapted or intended to cause injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Robbery

A

Theft plus use of force or threat of force immediately before or during theft to facilitate theft
Not to escape
MR of theft must be proved MH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Elements of theft

A

Dishonestly appropriate property belonging to another with the intention to permenantly deprive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Three examples of when D is not dishonest (theft)

A

D thought they had lawful right to deprive other of it
D thought they had consent
D believed owner could not be discovered by taking reasonable steps

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ghosh test for dishonesty

A

Was D dishonest according to the standards of reasonable and honest people
Did D realise they were dishonest according to the standard of reasonable and honest people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is it theft if owner cannot be identified or it has been thrown away

A

Still theft even if it has been thrown away

Not theft when it is found but would be theft if you decided to keep it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is property (theft)

A

Money, real, personal, things in action and intangibles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When does something belong to someone

A

Control, possession, property right or interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Does a thing need to be taken from legal owner for it to be theft

A

No it must belong to another when it is appropriated but doesn’t need to be stolen from legal owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is appropriation

A

Any assumption by a person of their rights as an owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the rights of an owner

A

Sell, hire, give away, lend, mortgage, damage, destroy, throw away

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is appropriation

A

Any touching or dealing

Need interaction, having money in account not enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Can borrowing be permanently depriving (theft)

A

Depending on circumstances and length of time- are these equivalent to outright taking or disposal

Intent to treat as there own to dispose of?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Types of fraud

A 
Fraud by false representation 
Fraud by failing to disclose 
Fraud by advise of position 
Dishonestly obtaining services 
Conspiracy to defraud
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Conspiracy to defraud

A

Agreement to deprive of injury property rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Dishonestly obtaining services

A

Payment expected for services obtained but D intends to avoid payment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Fraud by abuse of position

A

D occupies position to safeguard V but abuses that position with intention to make a gain for D or another, cause a loss for another or expose another to risk of loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Fraud by failing to disclose

A

Legal duty to disclose and fails to do so. Intends to make gain for D or another, cause loss for another or expose another to loss

30
Q

Fraud by false representation

A

Make a false representation and intends to make gain for D or another or cause loss to another or expose another to loss

Don’t need to prove actual gain or loss

31
Q

Fraud by false representation - can representation be express or implied

A

Can be either

32
Q

Fraud by false representation - what is false

A

Untrue or misleading

Must know it was untrue or misleading - not ought to knew

33
Q

What is a gain or loss - fraud?

A

Gain includes keeping what you have and loss includes not getting what you might have got

No need to prove actual gain or loss

34
Q

Theft

A

max 7 years prison - either way offence

35
Q

what is appropriation

A

the assumption of any rights of an owner

36
Q

Who can steal land

A

by a trustee in breach of trust, tenant who takes something fixed to the land they weren’t meant to take and a person who is not in possession of the land is they appropriate anything forming part of the land whether by severing it or after it has been severed.

37
Q

when does property belong to another

A

when they have possession, control, rights or interests over it

38
Q

can you steal your own property

A

yes when it is in the possession of another

39
Q

what cannot be stolen

A

electricity, confidential info, plants on wild land and wild animals

40
Q

when is someone NOT dishonest

A

the owner cannot be discovered by taking reasonable steps
the owner would have consent had they known the circumstances
you have the right in law to the property

41
Q

can you be dishonest even if you are willing to pay for the property

A

yes

42
Q

ivy test for dishonesty

A

ascertain subjectively the actual state of Ds knowledge or belief of the facts and then determine if their conduct was honest according to the objective standards of ordinary decent people

43
Q

what is intention to permanently deprive

A

treating property as your own to dispose of regardless of if you actually dispose of it. even if you use it and return it

44
Q

can borrowing something be intention to permanently deprive

A

yes if it has same effect eg taking concern ticket and using it and then returning it after concert

45
Q

if you might return property can it still be intention to permanently deprive

A

yes parting with it under condition for return you might not be able to fulfil is depriving permanently

46
Q

is it theft to take abandoned property

A

no

47
Q

burglary

A

max 10 years or 14 if dwelling house - either way offence

48
Q

robbery

A

indictable only

49
Q

2 types of burglary

A

enter building or part of building as a trespasser
S9(1)(a) - with intent to commit theft, GBH or criminal damage
S9(1)(b) - and commit theft or GBH or attempt to to either

50
Q

AR and MR elements of burglary S9(1)(a)

A

AR - enter building or part of building as trespasser
MR - knowledge / recklessness of being trespasser
MR- intent to commit theft, GBH or criminal damage

51
Q

AR and MR elements of burglary s9(1)(b)

A

AR - enter building or part of building as trespasser
AR- commit AR of theft or GBH or attempt to commit AR of either
MR - Knowledge / recklessness as to being a trespasser
MR- have MR for theft or GBH

52
Q

meaning of enter the building (burglary)

A

effective and substantial entry

53
Q

meaning of a building (burglary)

A

a structure of significance size and some degree of permanence

54
Q

what is trespassing (burglary)

A

entering without permission or consent

55
Q

MR for trespassing (burglary)

A

know they are trespasser or foresee risk they are trespasser but enter anyway

56
Q

when a person is asked to leave are they a trespasser

A

no they have a licence to leave but become a trespasser if they do not

57
Q

aggravated burglary definition

A

burglary with a firearm or imitation firearm or weapon or explosive. requires elements of s9(1)(a) or s9(1)(b) AND to be in possession of weapon at time

58
Q

when do you need to possess weapon for aggravated burglary

A

s9(1)(a) - at time of entry

s9(1)(b) - at time of committing ulterior offence (GBH, theft or criminal damage)

59
Q

aggravated burglary

A

indictable only - max life sentence

60
Q

methods by which fraud may be committed

A

abuse of position
false representation
failing to disclose info

61
Q

fraud by failing to disclose info

A

dishonestly fail to disclose to another info which they are under a legal duty to disclose and intend by failing to disclose to make a gain for themself or another or cause a loss or risk of loss to another

62
Q

fraud by abuse of position

A

occupy a position in which they are expected to safeguard or not to act against financial interests of another. Dishonestly abuse that position and intend to make gain for self or other or cause loss or risk of loss to other

63
Q

fraud by false representation

A

dishonestly make false representation and intend to make gain for self or other or loss for other or risk of loss to other
you know it is or might be false

64
Q

when is a representation false (fraud)

A

when you know it is or might be untrue or misleading

65
Q

when is a statement misleading (fraud)

A

less than wholly true and capable of interpretation to the detriment of V

66
Q

does a false representation have to be in a particular format? (fraud)

A

it can be spoken, written, online, implied, express, words or conduct

67
Q

is it fraud by false representation if D says something which they believe is false but turns out to be true

A

no - not fraud

68
Q

do you need to show D actually made a gain to prove fraud

A

no - only need to show intention

69
Q

does D need to actually deceive someone to commit fraud by false representation

A

no only need to make the representation so can make it to a machine
made as soon as it is sent even if no one ever reads or received it

70
Q

types of criminal damage

A

simple criminal damage - intention or recklessness to damage or destroy and believed property belonged to another.
aggravated criminal damage - intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life.
simple arson - by fire, intention or recklessness to damage or destroy and believed property belonged to another.
aggravated arson - by fire, intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life.

71
Q

what types of criminal damage do the lawful excuses apply to

A

simple criminal damage and simple arson

not aggravated criminal damage or aggravated arson

72
Q

what are the criminal damage lawful excuses

A

belief in consent - subjective belief V would consent if they knew circumstances or belief they had consented.
protection of property - subjective belief immediate need to protect property and that means adopted were reasonable to protect property. Objectively amounts to purpose of protecting proeprty.

Criminal (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions