Property Offences

Question 1

What is the test for dishonesty?

Answer 1

(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)

Question 2

What is the actus reus of robbery?

Answer 2

Stealing by force or anticipation of force

Question 3

What is the mens rea of robbery?

Answer 3

Dishonesty and intention to permanently deprive

Question 4

A robbery can happen even if nothing is stole. True or False?

Answer 4

False

Question 5

For robbery, force must be bodily and not against property. True of false?

Answer 5

True

Question 6

The force used in robbery must be deliberate. True or false?

Answer 6

True

Question 7

What is the actus reus of s.9(1)(a) burglary?

Answer 7

Entry to a building, or part of a building, as a trespasser

Question 8

What is the mens rea of s.9(1)(a) burglary?

Answer 8

Intention or recklessness as to trespass, with intention to steal, cause GBH, or criminal damage

Question 9

What is the actus reus of s.9(b) burglary?

Answer 9

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

Question 10

What is the mens rea of a s.9(1)(b) burglary?

Answer 10

At least recklessness as to trespass, and the mens rea of either theft or GBH

Question 11

What makes a burglary become an aggravated burglary?

Answer 11

The use of any weapon of offence

Question 12

What is the actus reus of handling stolen goods?

Answer 12

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.

Question 13

What is the mens rea of handling stolen goods?

Answer 13

Knowledge or belief that the goods are stolen, and dishonesty

Question 14

Encouraging someone to handle stolen goods can be charged as handling stolen goods. True or false?

Answer 14

True

Question 15

What is the maximin sentence for handling stolen goods?

Answer 15

14 years

Question 16

It is possible to be found guilty of handling stolen gods, even if one did not steal them. True or false?

Answer 16

True

Question 17

What is the actus reus of blackmail?

Answer 17

Making a demand, and the use of menances

Question 18

What is the mens rea of blackmail?

Answer 18

Unwarranted demands, and intention to make a gain or cause a loss

Question 19

What is a menace, in the context of blackmail?

Answer 19

Any action detrimental to it unpleasant to the person addressed.

Question 20

What is the maximum sentence for blackmail?

Answer 20

14 years - s.21 of the Theft Act 1968

Question 21

The offence of blackmail requires dishonesty as part of its mens rea. True or false?

Answer 21

False

Question 22

What are the specific defences to criminal damage?

Answer 22

Belief in consent and protection of property

Question 23

What is the definition of arson?

Answer 23

Causing criminal damage by fire

Question 24

What are the definitions of aggravated criminal damage and aggravated arson?

Answer 24

Criminal damage or arson, and intention or recklessness as to the endangerment of life by that damage

Question 25

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?

Answer 25

Robbery