Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

NIE 2024 > Theft and Drugs > Flashcards

Theft and Drugs Flashcards

1
Q

Regarding the term “Dishonestly” - what are the the three beliefs that are not regarded as Dishonest

A
  1. You believe you Had a Right in Law to the property.
  2. They believe the owner would have consented
  3. You believe that you have taken reasonable steps to return lost property and the owner cannot be found.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Regarding the subjective belief of you believing the owner would have consented to taking property, what must be included?

A

The reason as of why it was taken. It is not sufficient to just say you believe the owner would have consented that you take their property.

For example, explaining that you took £10 from a till would not suffice, the reason why needs to be included, for example:
You took the £10 In order to get a taxi to the hospital ASAP, and you believe the owner of the till would have consented for you to take the money.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Regarding the three beliefs for dishonestly, can they be held for another?

A

Yes they can.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Regarding the beliefs for dishonestly, and someone owes you £10, can you if you believe you had a right in law to take property from that someone as they owed you money, can you take their expensive vehicle?

A

No, as the property must be to the value to that owed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Will it be deemed dishonest if someone has a willingness to pay? For example, they take a pint of milk from someone’s door, and leave money.

A

It may be.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If none of the three subjective beliefs can be applied, what else can be used to test someones belief which may be deemed dishonest?

A

The objective test, which looks at the standards of ordinary decent people and what they would see the conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Regarding appropriation, if someone buys an item for much less than market value, will this amount to appropriation?

A

Yes - it is not in good faith.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can items that are not capable of physically being stolen, for example Trade Secrets, be stolen?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If someone steals money from someone else’s bank account, but they have NO money, and NO overdraft available, who is the victim?

A

NOT the bank account holder, but the bank.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the three ways that land can be stolen?

A
  1. Through Trustees (If I am trusted to divide 10 plots of land for sale, but keep 1, that IS theft)
  2. Where a stranger severs land (If I decide to severe a rose bush from a a strangers garden, that is theft. However, it MUST be severed)
  3. A Tennant CAN steal fixtures and structures.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Is theft committed when wild plants, fruit or foliage is picked?

A

No, unless at the time, they are picked for a commercial purpose or reward.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the three exceptions to stealing a wild animal?

A
  1. Unless the animal has been tamed
    2.The wild is ordinarily kept in captivity
  2. It has been reduced into possession (like fish that have been caught from the wild, and have been stolen)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the three exceptions to stealing a corpse?

A

If it has been changed in any way by,
1. Dissection
2. Preservation
3. Amputation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Can property be stole from someone who has control over it?

A

Yes, even if the property belongs to the person stealing it. For example, if a phone shop are commencing work on a mobile phone, and the owner steals it prior to payment, that is theft.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Do you need to satisfy all 5 elements of the definition for a theft to occur?

A

Yes, they ALL MUST be satisfied.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who must consent to a prosecution for offences of Theft, Robbery or Burglary against their wife or civil partner?

A

The DPP, unless someone else is jointly charged with them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Regarding the intention to permanently deprive, if someone receives more pay than they should have, knows this, who is under obligation to get this money returned?

A

The person who received the money.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If you damage an item, rendering it useless, could that permanently deprive the other of it?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What offence is are the two ‘special defences’ available for?

A

Possession of a controlled drug

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the first ‘Special Defence’ for Possession of a controlled drug?

A

To take reasonable steps ASAP to destroy the drugs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the second ‘Special Defence’ for Possession of a controlled drug?

A

To take reasonable steps ASAP to deliver the drugs to lawful custody.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How many General defences are available, and to what offences do they apply?

A

3 defences, and to COPISI offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What categories of offences do the ‘General Offences’, not apply to? (2 Answers)

A
  1. Attempting Offences
  2. Conspiracy Offences
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the acronym for the ‘General Defences’ and what are they ? (3 Points)

A

F - Lack of Knowledge of Fact
E - Belief they were Entitled to possess
D - Lack of knowledge of the Drug

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

In Relation to the general defence of Lack of knowledge of the fact, what is the test used to determine this?

A

The objective test - of what a reasonable and sober person placed in that situation would have thought.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

If someone receives the wrong prescription for a controlled drug, and they are unaware, but caught with the wrong drug, what general defence is available?

A

The belief they were entitled to possess the drug.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

If a postman is delivering medication, which actually contains cocaine inside, and is found to be in possession with it whilst delivering the package, what general defence is available?

A

Lack of knowledge of the drug - they had no reason to believe, suspect or any reason to suspect they were in possession of cocaine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are the two defences to Possession of magic mushrooms?

A
  1. The landowner has picked them to hand into lawful custody ASAP.
  2. Any other person has picked them to hand into custody ASAP or destroy them.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What type of offence is converting one type of drug, into another type of drug?

A

Production of a controlled drug

30
Q

If someone attempts, but fails to produce a controlled drug, what offence may they be liable for?

A

Attempting to produce a controlled drug

31
Q

If someone delivers ingredients to a place where they know they shall be used to produce a controlled drug, what offence may they be convicted of?

A

Production of a controlled drug, as they were concerned in the production of a controlled drug.

32
Q

Will allowing your kitchen to be used to produce a controlled drug, amount to being concerned in the production of a controlled drug?

A

No - unless there is a pre-arrangement

33
Q

Regarding the offence of ‘Supplying a controlled drug’, what are the four circumstances in which this offence can occur?

A
  1. Supplying the drug
  2. Being concerned in the supply
  3. Offering to supply
  4. Being concerned in the offer to supply
34
Q

What are the three points for Supplying a controlled drug?

A
  1. Transferring the control of a drug to another.
  2. The person receiving receives a benefit from the control
  3. Knowledge of the supplier that it was in fact a controlled drug.
35
Q

If someone simply gives another drugs to look after, does this constitute as a supply?

A

No - As there must be a benefit by the recipient. However, the recipient may commit the offence of PWITS if he knows when giving it back, it will be used or sold.

36
Q

Can someone who was looking after drugs for a dealer, claim duress once the drugs are given back to the dealer? (Y/N)

A

No.

37
Q

Do joint purchases constitute as supplying? (Y/N)

A

yes

38
Q

If A injects B with their own (B’s) drugs, is that supplying? (Y/N)

A

No - as it is their own drugs, it may be different if it was A’s drugs.

39
Q

Does offering to supply drugs have to be spoken words? (Y/N)

A

No, it can be conduct, for example making a sniffing motion to other people gesturing to supply them drugs.

40
Q

Is it necessary for the person offering to supply drugs to have the intention of actually carrying out that offer? (Y/N)

A

No.

41
Q

If A offers B, to buy some cocaine, which in fact is actually baby powder, is the offence of supplying a controlled drug complete? (Y/N)

A

Yes

42
Q

Can an offer to supply a controlled drug be withdrawn? (Y/N)

A

No.

43
Q

With the offence PWITS, does a supply need to take place? (Y/N)

A

No.

44
Q

If someone agreed with PWITS, but does not go through with it, and changes their mind, do they commit the offence? (Y/N)

A

Yes, as the intent was formed at some point.

45
Q

If A intends to supply their drugs to B, who will then sell them, is PWITS committed by A?

A

No, PWITS cannot be committed using a third person.

46
Q

Can unexplained wealth or large quantities of money be used as evidence to support a conviction of PWITS? (Y/N)

A

Yes

47
Q

Regarding the offence of PWITS, does it matter if the controlled drug was possessed lawfully or not (Y/N)

A

No, it is irrelevant.

48
Q

Can someone commit both offences of
1. Possession of a controlled drug
AND
2. PWITS
at the same time?

A

Yes.

49
Q

What are the two offences for the supply of articles in relation to drugs?

A
  1. Offer to or supplying any article that will be used in administering drugs
  2. Offering or supplying any article that is adapted for administering drugs
50
Q

What item is excluded from supplying articles?

A

Hypodermic Needles

51
Q

If A who supplies articles to administer drugs to B, who is buying them for C to administer his drugs, who commits an offence?

A

B

52
Q

What offence is, watering, feeding or providing artificial light to cannabis?

A

Cultivation of cannabis

53
Q

Is it a defence to someone who believes they are watering/feeding/providing light to tomatoes, but in fact, it is cannabis? (Y/N)

A

No, it does not matter if the defendant knows it is cannabis or not.

54
Q

To commit the offence of cultivating cannabis, does you have to water/feed/provide light to the plants yourself? (y/n)

A

YES - You must do this yourself to commit this offence.

55
Q

If someone agrees to cultivate cannabis, but doesn’t, do they commit the offence of cultivation of cannabis?

A

No.

56
Q

What is the acronym for the activities included in the offence of ‘Controlled Drugs on Premesis’

A

P - Production or attempted production of a controlled drug on premises
C - Cannabis, smoking it
S - Supply, or attempting to supply
O - Opium, preparing it for smoking

57
Q

For the offence of ‘Controlled Drugs on Premeis’ is it necessary that the occupier knew which specific drugs were being produced on the premises? (Y/N)

A

No.

58
Q

Is giving permission for someone to smoke cannabis on your premises enough to amount to an offence?

A

No.

59
Q

Who is in control of the premises for the offence of ‘Controlled Drugs on the premises’ ? (2 Answers)

A

The occupier or the manager

60
Q

If the occupier or manager turns a blind eye to a PCSO activity on the premises, do they commit the offence? (Y/N)

A

Yes.

61
Q

What offence would it be to take empty lorry containers from the UK, to country B which will fill the containers with drugs, to be sold in country C?

A

Assisting or Inducing

62
Q

To commit the offence of incitement relating to drugs offences, which drugs offences can be incited?

A

Any of them

63
Q

Who can be made subject of travel restriction order? (2 answers)

A

Anyone CONVICTED of:
1. Drug trafficking offences
2. Inciting drug trafficking offences

64
Q

Is PWITS a drug trafficking offence? (Y/N)

A

No - And they CANNOT be made subject of a travel restriction order because of it.

65
Q

What are the time limits of a travel restriction order?

A

Minimum of two years, with no maximum.

66
Q

What are the two criteria for a travel restriction order?

A
  1. Offender is convicted of a drug trafficking offence
  2. They are sentenced to a minimum of 4 years
67
Q

If someone is subject of a travel restriction order, and hold dual nationality citizenship, are they able to visit their home country?

A

Maybe.

68
Q

What is the boundary for a travel restriction order?

A

The whole of the UK

69
Q

If someone on a flight from Wales to Scotland, who is subject to a travel restriction order, and the flight gets diverted to Norway, outside of the UK, do they still contravene their travel order? (Y/N)

A

Yes

70
Q

How long do Drugs warrants last for?

A

1 Month

71
Q

What can you search within a drugs warrant for premises and persons? (2 Answers)

A
  1. Premises
  2. Persons inside the premises.
72
Q

Under the misuse of drugs act, what must the offence of obstruction be?

A

Intentional

NIE 2024 (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions