Property Offences 2

Question 1

What are the two sitruations of trespassing?

Answer 1

• Entering without AUTHORITY

- Where authority is EXCEEDED - Police with search warrant legally enter but subsequent theft will be burglary

Question 2

Why was COLLINS (1973) conviction for burglary quashed?

Answer 2

• Entered girl’s bedroom with invitation, although the girl thought that it was her boyfriend.
• Quashed as he had the girl’s permission to enter so therefore not trespassing and as such not burglary.

Question 3

What occurred in JONES and SMITH 1976?

Answer 3

• Son stole TV from parent’s house
• Found guilty of burglary
• complicated by son having an accomplice who no doubt did not have permission to enter
• Seen to have exceeded authority while in the house therefore son guilty of burglary

Question 4

Is a conditional intent enough to commit burglary?

Answer 4

Yes, a person who enters a building with the intention of stealing only if there is something valuable is guilty of stealing

Question 5

What is an inchoate offence?

Answer 5

A crime of preparing for or seeking to commit another crime (most frequently “attempted”)

Question 6

In the Fraud Act, what is the nearest synonym for Representation (which is not defined)?

Answer 6

“Making out”

Question 7

Fraud is also a civili matter, what decides if it becomes criminal?

Answer 7

If false representation is made. To decide not to pay will only be a breach of contract

Question 8

What occurred in SILVERMAN 1988?

Answer 8

• Builder did work over several years for 2 elderly women.
• Bill was grossly excessive
• Convicted of OBTAINING MONEY BY DECEPTION
• CofA allowed appeal on other grounds, but accepted that overcharging could amount to false deception

Question 9

Is it possible to commit fraud without communicating the false representation?

Answer 9

Yes - just entering it into a machine will amount to fraud

Question 10

What is the method in answering fraud questions?

Answer 10

1. IDENTIFY the representation

2. Explain why it is false

Question 11

What is the GHOSH test for DISHONESTY?

Answer 11

• Was the act one that an ordinary decent person would consider to be dishonest (the objective test)? If so :
• Must the accused have realised that what he was doing was, by those standards, dishonest (the subjective test)?

Question 12

What did GHOSH 1982 do?

Answer 12

• Working as a locum surgeon for the NHS he claimed money for operations which he had not carried out.
• He argued his actions were not dishonest as the same sums were legitimately due to him for consultancy fees.

Question 13

What does section 11 (obtaining services dishonestly) of the fraud act aim to cover?

Answer 13

Fraud for services obtained via a machine

these offences can also be tried via s2

Question 14

In what case did D travel on the tube without a ticket?

Answer 14

MOBERLEY v ALSOP 1991

• Passed initial ticket barier - at destination could have made good his default
• ∴can be more than one spot where payment is due for making off without payment

Question 15

If D deceives a creditor into agreeing to postpone payment, will an offence be committed if D does not pay at original time?

Answer 15

No, the creditors agreement means that D is not req’d or expected to make payment