Property Offences Flashcards
What is the test for dishonesty?
(1) - what was the actual state of D’s knowledge or belief as to the facts?
(2) - in this context, was D’s conduct dishonest by the standards of ordinary decent people?
(Set out in Ivey v Genting Casinos Ltd, later confirmed in Barton and booth v R)
What is the actus reus of robbery?
Stealing by force or anticipation of force
What is the mens rea of robbery?
Dishonesty and intention to permanently deprive
A robbery can happen even if nothing is stole. True or False?
False
For robbery, force must be bodily and not against property. True of false?
True
The force used in robbery must be deliberate. True or false?
True
What is the actus reus of s.9(1)(a) burglary?
Entry to a building, or part of a building, as a trespasser
What is the mens rea of s.9(1)(a) burglary?
Intention or recklessness as to trespass, with intention to steal, cause GBH, or criminal damage
What is the actus reus of s.9(b) burglary?
Entry to a building, or part of a building, as a trespasser - and then committing theft, attempted theft, causing GBH, or attempting to cause GBH
What is the mens rea of a s.9(1)(b) burglary?
At least recklessness as to trespass, and the mens rea of either theft or GBH
What makes a burglary become an aggravated burglary?
The use of any weapon of offence
What is the actus reus of handling stolen goods?
Receiving the goods, undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to do so.
What is the mens rea of handling stolen goods?
Knowledge or belief that the goods are stolen, and dishonesty
Encouraging someone to handle stolen goods can be charged as handling stolen goods. True or false?
True
What is the maximin sentence for handling stolen goods?
14 years
It is possible to be found guilty of handling stolen gods, even if one did not steal them. True or false?
True
What is the actus reus of blackmail?
Making a demand, and the use of menances
What is the mens rea of blackmail?
Unwarranted demands, and intention to make a gain or cause a loss
What is a menace, in the context of blackmail?
Any action detrimental to it unpleasant to the person addressed.
What is the maximum sentence for blackmail?
14 years - s.21 of the Theft Act 1968
The offence of blackmail requires dishonesty as part of its mens rea. True or false?
False
What are the specific defences to criminal damage?
Belief in consent and protection of property
What is the definition of arson?
Causing criminal damage by fire
What are the definitions of aggravated criminal damage and aggravated arson?
Criminal damage or arson, and intention or recklessness as to the endangerment of life by that damage
Ski and Alexis were waiting for a bus, but lacked the necessary fare. Ski pushed Wilson, was also in the queue, and grabbed his wallet, from which she took £50 cash, before throwing the wallet back at Wilson.
What offence has she committed?
Robbery
