Property Offences

Question 0

What is appropriation?

Answer 0

Any assumption of the rights of the owner

Question 1

What are the actus reus elements of theft?

Answer 1

Appropriation
Property
Belonging to another

Question 2

What is property for the purposes for the theft act?

Answer 2

A thing in action
A credit balance
Money, personal property
Rights land, tangible parts of land

Question 3

Can abandoned property be stolen?

Answer 3

No. However it may belong to someone due to circumstances of where it is.

Question 4

What are the mens rea requirements for theft?

Answer 4

Dishonesty

Intention to permanently deprive

Question 5

Is is aggravated burglary committed?

Answer 5

By carrying a firearm or imitation
A weapon of offence
An explosive

At the time of committing the burglary

Question 6

Does the defendant need to cause the victim to part with their property to be guilty if fraud?

Answer 6

No intent is enough

Question 7

What is the mens rea for fraud?

Answer 7

Intention

Question 8

What are 4 examples of gain and loss?

Answer 8

Gain for defendant
Gain for x
Cause loss to the victim
Expose the victim to risk of loss

Question 9

What must the jury decide using the ghosh test?

Answer 9

If what was done was dishonest

If the defendant knew it was dishonest

Question 10

What is the actus reus of fraud by failing to disclose information?

Answer 10

Faking to disclose information

Having a duty to disclose

Question 11

What is the Mens rea for fraud by failing to disclose information?

Answer 11

Dishonesty

Intends to make a gain or loss