Part 4 - Property Offences

Question 1

Actus Reus of theft
Mens rea of theft

Answer 1

Appropriation of property belonging to another without consent
Intent to deprive the person of his or her property

Question 2

Amotio

Answer 2

Where an object has reached the point displaying intent to steal

Question 3

Different types of amotios movement
-containers
-room
-open space

Answer 3

Physically moving them
Moving something out or in a room
Almost any movement

Question 4

Black v CARmichael

Answer 4

TEMPORARY APPROPRIATION
Wheel clamped privately with fine to remove
Court ruled temporarily depriving constituted theft and extortion

Question 6

Actually reus - Theft by opening a lock fast place

Answer 6

Forcing open of non buildings, cars or safes etc

Question 7

Theft by home breaking

Answer 7

House breaking must be before the theft and the house breaking must be the means of the theft

Question 8

Reset
Actus reus -
Men’s rea -

Answer 8

Being privy to the retention of goods which have been dishonestly obtained by another
Knowing the goods have been stolen, or being willfully blind

Question 10

Will full blindness definition

Answer 10

Deliberately turning a blind eye

Question 11

Embezzlement
Actus reus-
Men’s rea -

Answer 11

Misappropriation of goods to which the accused had been entrusted
Intending to deprive the owner of goods

Question 12

Fraud
Actus reus-
Men’s Rea -

Answer 12

The obtaining of a practical result by means of a false pretence
Intending to achieve that result

Question 13

Adcock v Archibald

Answer 13

Even small practical result will suffice fraud
Coal miner who lied about piles
Only actual benefit was on employers logbook
Still found guilty of fraud

Question 14

Robbery - Actus Reus

Answer 14

Theft (as defined) accomplished by violence or threats of violence

Question 15

Extortion
Actus reus -
Mens Rea -

Answer 15

The obtaining of property or some other advantage by means of illegitimate threats or demands
Mens Rea - intending to deprive the owner of the property or to gain the advantage

Question 16

Black v Carmichael

Answer 16

Car clamping case
The clamping was theft
Asking for payment to get the car back was considered extortion

Question 17

Malicious mischief/ mischief damage
Actus reus -

Answer 17

Will fill or reckless causing of damage to property belonging to another

Question 18

What act defines vandalism

Answer 18

Criminal Law Consolidation (Scotland) Act 1995

Question 19

Byrne v HM Advocate

Answer 19

Displays minimal need for actions to convict for wilful fire raising
Accused set fire to paper causing building to burn