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Criminal Law > Property offences > Flashcards

Property offences Flashcards

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1
Q

What is the maximum penalty for basic criminal damage?

A

10 years

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2
Q

what is the actus reus of basic criminal damage?

A

Destroy/damage
Property
Belonging to another
Without lawful excuse

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3
Q

What is and isn’t included for property for basic criminal damage?

A
  • pets included
    Not
  • information
  • plants/fungus (unless commercial purpose)
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4
Q

What does belonging to another mean for basic criminal damage?

A

custody/control, proprietary right/interest or charge

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5
Q

What is the mens rea for basic criminal damage?

A

Intention or
Recklessness:
* Subjectively aware of risk and
* In circumstances known to D, objectively unreasonable to take risk
As to all aspects of actus reus

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6
Q

What is the actus reus for basic arson?

A

Destroy/damage by fire
Property
Belonging to another
Without lawful excuse

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7
Q

What is the mens rea for basic arson?

A

Intention or recklessness as to destruction/damage of property belonging to another by fire

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8
Q

How may basic criminal damage/arson be committed with lawful excuse?

A
  1. any general defence
  2. o D believes the owner would have consented and
    o Belief need not be reasonable
  3. D acts to protect property
    o Property was in immediate need of protection and
    o Means of protection were reasonable in the circumstances
    o Damage caused capable of protecting the property
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9
Q

What is the actus reus of aggravated criminal damage?

A

destroy/damage (by fire)
Property

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10
Q

What is the mens rea of aggravated criminal damage?

A

Intention or recklessness as to damage/destroy property
AND
Intention or recklessness as to endangerment of life by damage/destruction

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11
Q

What is important to remember about the elements of theft?

A

Must exist simultaneously

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12
Q

What is the actus reus of theft?

A

Appropriation
Property
Belonging to another

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13
Q

What does appropriation mean for theft?

A

assumption of rights of owner

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14
Q

Can someone appropriate property even with consent?

A

Yes

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15
Q

Can appropriation for theft include a later assumption?

A

Yes if kept/dealt with property as owner

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16
Q

What will not be considered appropriation?

A

Purchase in good faith and for value

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17
Q

Generally can land be stolen?

A

No

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18
Q

What property can be stolen?

A

Money
Real/personal
tangible/intangible
unlawful/illegal items

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19
Q

what does belonging to another mean for theft?

A

anyone with possession or control or proprietary interest

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20
Q

What are the effects of s5(3) and s5(4) on the meaning of belonging to another for theft?

A
  • Treated as still belonging to owner where legal obligation to use in a certain way
  • Where received by mistake – obligation to restore
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21
Q

What is the mens rea for theft?

A

Dishonestly
With intention to permanently deprive

22
Q

What is not classed as dishonesty for theft?

A
  • Right in law to deprive
  • Would have consent if they knew
  • Owner cannot be discovered by reasonable steps
23
Q

How is dishonesty ascertained for theft?

A
  • Subjective knowledge/belief
  • Objective standard of ordinary decent people
24
Q

What types of cases does ‘intention to permanently deprive’ include?

A
  • selling back to owner
  • ransom
  • rendering useless
  • risking loss
  • borrowing or lending if for period/circumstances making it equivalent to an outright taking
  • parting with property under a condition as to return which may not be able to perform
  • interchangeable property
25
Q

What is the actus reus of robbery?

A

AR of theft
Force
On any person
Use or threat of force immediately before/at time of stealing

26
Q

What is the meaning of force for robbery?

A
  • Uses force
  • Puts person in fear of being subjected to force or
  • Seeks to put person in fear of being subjected to force
27
Q

What is the mens rea of robbery?

A

MR of theft
Intend to use force in order to steal

28
Q

What is the actus reus of s9(1)(a) burglary?

A

Enters
Building/part of building
As a trespasser

29
Q

What is trespass for burglary?

A
  • Without consent
  • In excess of authority
30
Q

What is the mens rea for s9(1)(a) burglary?

A

Knowing/reckless as to trespass
At time of entry, intending
* To steal
* Inflict GBH or
* Damage unlawfully

31
Q

What are the elements of s9(1)(b) burglary?

A

Enters
Building/part of a building
As a trespasser
Knowing/reckless as to trespass
Did:
* Steal
* Attempt to steal
* Inflict GBH or
* Attempt to inflict GBH

32
Q

For s9(1)(b), which element will not require mens rea?

A

GBH

33
Q

What is the maximum sentence for burglary?

A

14 years (if dwelling) or 10 years

34
Q

What is the maximum sentence for aggravated burglary?

A

Life

35
Q

What is aggravated burglary?

A

Burglary and has with him any firearm (or imitation), weapon or explosive

36
Q

What constitutes a weapon of offence for aggravated burglary?

A
  • made or adapted for causing injury to or incapacitating a person
  • D possesses intention of causing injury/incapacitation
37
Q

What are the three fraud offences?

A
  • fraud by false rep
  • fraud by failure to disclose
  • fraud by abuse of position
38
Q

Does anyone need to be deceived for fraud by false representation?

A

No

39
Q

What is the actus reus of fraud by false representation?

A

False
Representation
Express or implied

40
Q

Can silence be a representation for fraud by false rep?

A

No

41
Q

What is a representation for fraud by false rep?

A
  • As to fact or law
  • As to state of mind or representor/any other person
42
Q

When may overcharging amount to ‘false’ for fraud by false rep?

A

circumstances of mutual trust or trusted friends

43
Q

Can fraud by false rep be made against a machine?

A

yes

44
Q

What is the mens rea of fraud by false rep?

A

Dishonesty
Aware statement is untrue/misleading
Intention to make gain/cause loss

45
Q

What is the actus reus of fraud by failure to disclose?

A

Existence of legal duty to disclose
Failure to disclose

46
Q

What situations might there be a legal duty to disclose?

A
  • Arising from statute
  • Transactions of the utmost faith
  • Express/implied terms of a contract
  • Custom in particular trade/market
  • Fiduciary relationship
47
Q

What is the mens rea of fraud by failure to disclose?

A

Dishonesty
Intention to make gain/cause loss

48
Q

What is the actus reus of fraud by abuse of position?

A

Occupying a position expected to safeguard/not act against financial interest of another
Abuse of position

49
Q

Can fraud by abuse of position be committed by omission?

A

Yes

50
Q

What is the mens rea of fraud by abuse of position?

A

Dishonesty and intention to make gain/cause loss

Criminal Law (8 decks)

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