Part 4: Property Offences Flashcards
What is the definition of theft under Scottish law?
Theft is the appropriation of property belonging to another person without consent, with the intent to deprive the person of their property.
What are the two key elements that define the actus reus and mens rea of theft?
Actus reus: The taking of something without the owner’s consent.
Mens rea: The intent to deprive the owner of their property, with knowledge that the property is not the accused’s.
What types of property can be stolen under theft law?
Any corporeal moveable property that is owned by someone can be stolen. The property must have an owner.
Is it theft if you find something that does not belong to you?
Yes, finding property that does not belong to you is considered theft, as the property still doesn’t belong to you.
What does the term Amotio refer to in theft law?
Amotio refers to the taking of property from various places, including containers, rooms, and open spaces.
What is theft by finding?
Theft by finding occurs when someone finds property that isn’t theirs, and it is still considered theft even if the owner has lost it.
Can temporary appropriation be considered theft?
Yes, temporary appropriation can be theft. For example, in the case of Black v. Carmichael (1992), the accused temporarily deprived the owner of their car by clamping it, which was ruled as theft.
What does theft by opening a lockfast place mean?
Theft by opening a lockfast place refers to theft from a locked receptacle, such as a drawer, box, or car, where the thief forces the lock open before stealing the contents.
What is theft by housebreaking?
Theft by housebreaking covers theft from any building with a roof, including breaking into buildings through force, smashing windows, or using unusual means like climbing in. This is different from the crime of burglary, which is an English crime.
What is the charge for housebreaking with intent to steal?
Housebreaking with intent to steal is charged when housebreaking is unsuccessful. This is considered attempted housebreaking, where the accused did not manage to enter or steal anything.
What does reset mean under Scottish law?
Reset refers to being privy to the retention of goods that were dishonestly obtained by another person, knowing that the goods were stolen, or being willfully blind to this fact.
What is the punishment for reset if you knowingly retain stolen property?
If you know that goods are stolen and continue to retain them, you can be found guilty of reset.
Can you be guilty of reset even if you do not physically have the stolen property?
Yes, even if you do not have the stolen property, such as by riding in a stolen car, you can be guilty of reset as you are still privy to the retention of stolen goods.
What is embezzlement?
Embezzlement is the misappropriation of goods or property to which the accused had been entrusted, intending to deprive the owner of those goods. It usually involves money but can apply to other property.
How is embezzlement different from theft?
Embezzlement differs from theft because there is a relationship between the accused and the victim. The accused is entrusted with the property, and embezzlement occurs when they intentionally misappropriate it. Theft doesn’t involve such a relationship.
What defines fraud under Scottish law?
Fraud is the obtaining of a practical result by means of a false pretence, intending to achieve that result. The Crown must show a direct connection between the false pretence and the resulting loss to the victim.
What is necessary to prove fraud?
To prove fraud, the prosecution must demonstrate two things:
There was a false pretence.
That false pretence caused the victim to act in a way that resulted in a loss.
What does Adcock v Archibald (1925) show about fraud?
In Adcock v Archibald (1925), the court ruled that even a small practical result from the fraud is sufficient for a conviction. The accused altered a coal miner’s pin to falsely show he mined more coal, and despite the result being minor, the conviction was upheld.
What is robbery?
Robbery is theft that involves personal violence or intimidation, or threats of personal violence. It must occur at the same time as the theft or for the purpose of committing theft.
Is minimal violence enough to qualify as robbery?
Yes, even minimal violence and minimal theft are sufficient for a charge of robbery. It only requires immediate threats or violence during the theft.
What is extortion?
Extortion, also known as blackmail, is the obtaining of property or some advantage through illegitimate threats or demands, with the intention of depriving the owner of their property or gaining an advantage.
How does extortion differ from robbery?
Extortion involves a postponed threat (blackmail), where the accused threatens future harm or demands money, while robbery involves immediate threats during the act of theft.
What does Black v Carmichael demonstrate about extortion?
In Black v Carmichael, the accused was charged with theft for clamping a car wheel and also with extortion for demanding money before releasing the clamp. This case shows how a demand for money or a threat in exchange for something (like releasing property) can constitute extortion.
What is malicious mischief or damage under Scottish law?
Malicious mischief or damage is the wilful or reckless causing of damage to property belonging to another. It is a common law crime that can also include causing financial loss to the property owner.
What is the mens rea for malicious mischief or damage?
The mens rea for malicious mischief or damage is either recklessness or wilfulness (intentionally), meaning the accused acted either with reckless disregard or with the intent to cause damage.
What is vandalism under Scottish law?
Vandalism is a statutory offence under Section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995. It involves the wilful destruction or damage of property belonging to another.
What is the definition of vandalism in the Criminal Law (Consolidation) (Scotland) Act 1995?
Under Section 52 (1) & (2) of the Criminal Law (Consolidation) (Scotland) Act 1995, vandalism is the wilful destruction or damage of property, and it is specifically defined as an offence under this statute.
What is wilful fire raising?
Wilful fire raising is the intentional setting fire to property belonging to another. Fire has been raised when the property starts to burn.
What is the mens rea for wilful fire raising?
The mens rea for wilful fire raising is intent, meaning the accused deliberately set fire to the property.
What is culpable and reckless fire raising?
Culpable and reckless fire raising is when a fire is started recklessly, meaning the accused set the fire without intending to, but with reckless disregard for the potential danger or damage it could cause.
What is the difference between wilful fire raising and culpable and reckless fire raising?
Wilful fire raising involves intentional setting of fire to property, while culpable and reckless fire raising involves recklessness, where the accused did not intend to cause the fire but acted in a way that posed a danger.
What is the leading case on wilful fire raising?
In Byrne v HM Advocate (No. 2) JC 155, the court held that wilful fire raising occurs when the accused deliberately sets fire to property, as in the case where the accused set paper on fire, causing a building to burn.
Can fire raising be charged as malicious mischief or vandalism?
Fire raising can be charged as malicious mischief, but it cannot be charged as vandalism due to Section 52(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, which excludes fire raising from being considered vandalism.
