Offences of dishonesty Flashcards
What is the actus reus of theft?
Appropriation of property belonging to another without their consent
What is the mens rea of theft?
Intention to deprive
What is the authority for theft?
Carmichael
What cant be theft?
Non-moveable property. Information is not Grant v Allan
What case confirms you can steal a child if they are under certain age B-14 G-12
Hamilton v Wilson
Which case confirms there can be a claim of right defence?
Dewar v HMA
What case shows that a lack of dishonest intention may still be a defence. Despite this being not necesary for theft charge?
Butler & Fraser v PF Aberdeen
Which case is authority on housebreaking with intent to steal?
HMA v Forbes
What is the actus reus of embezzlement?
appropriation of property which is in possession of the offender as trustee
What is the authority on emzzelement?
Laing
What is the mens rea for embezzlement?
Dishonesty
What case confirms the mens rea of embezzlement?
Allenby - there was no dishonesty.
What is the actus reus of robbery?
Theft accompanied by personal violence
Which case states that the violence does not need to amount to assault but simply a degree of force that can be said to be violence?
O’Neil v HMA
What is mens rea of robbery?
Intent to use force to take items and knowledge that items taken are not yours
What are the three part of the actus reus of Fraud?
- False pretence (Richards)
- A definite practical result (Adcock)
- A causal link (Mather)
What is the mens rea? What unusual case confirms this? (paedophile hunters)
P v PF Dundee
What is the actus reus of Reset?
Wilful blindness. knowingly recieving artilces taken though crimes of dishonesty.
What is the mens rea?
knoweldge that item has been dishonestly taken or being wilfully blind to that fact.
What is authority on reset?
Latta v Heron
What points did Hume make?
denied or attmepted to disgusie having it, recived low price for the goods,
