Reset (Dishonesty Crime)

Question 1

Reset

Answer 1

AR -retention of goods obtained dishonestly, willful blindness is not a defence; MR - knowledge of the provenance of the goods and the intention to withhold said property from the lawful owner

Question 2

Criminal Law (Consolidation) (S) Act 1995 s51

Answer 2

“Criminal resetting of property shall not be limited to the receiving of property taken by theft or robbery, but shall extend to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition”

Question 3

McNeil v HMA 1968

Answer 3

A panel was charged with reset. The Sheriff-substitute directed the jury that they were entitled to convict if the panel was privy to the retention of the stolen property from its owner, even if he was never in possession of it. The jury found the panel guilty.
Held that the direction was correct.

Question 4

Forbes v HMA 1995

Answer 4

painting in parcel found in accused’s car. He said he did not know how it could have got there, awkward story convicted of reset. appeal refused