Week 4: Property Offences Flashcards
Define theft
The appropriation of property belonging to another without consent, and with the intent to deprive the person of his or her property.
Identify the three amotio.
- Containers
- Rooms
- Open spaces
- Black v Carmicheal
- Temporary Appropriation
- Employee of a private carpark clamped cars
- Notices making victims aware of the consequences of a failure to pay and risk of immobilisation
- Court held that the accused should have used appropriate legal methods as opposed to extortion
Identify the three forms of aggravated theft.
- They by opening a lock fast
- Theft by housebreaking
- Housebreaking with intent to steal
Define reset.
Being privy to the retention of goods which have been dishonestly obtained by another, knowing that the goods have been stolen, or being wilfully blind.
Define embezzlement
Misappropriation of goods to which the accused had been entrusted, intending to deprive the owner of the goods.
Define fraud.
The obtaining of a practical result by means of a false pretence, intending to achieve that result
- Adcock v Archibald
- Even a small practice with suffice
- Presented his colleagues work as his own, therefore inducing his employers to pay the accused more than which he was due
- Held that pecuniary loss was not a necessary element to constitute a charge of fraud
Define robbery
Theft (as previously mentioned) accomplished by personal violence of intimidation/threats of personal violence
Define extortion.
The obtaining of property or some other advantge by means of illigitimate threats or demands, intending to deprive the owner of the property or gain an advantage
Define malicious mischief/damage
The wilful or reckless causing of damage to property belonging to another.
What does the Criminal Law (Consolidation)(Scotland) Act 1995 s52 provide for?
The offence of vandalism.
Any person who, without reasonable excuse wilfully of recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
Define fire-raising.
Wilful fire-raising: deliberately setting property on fire
Culpable and reckless fire-raising: doing so recklessly
- Byrne v HM Advocate
- Leading case on wilful fire-raising
- Prior to this case there was no distinction between wilful and reckless fire-raising
- This is distinct from English criminal law which places both together
What are the two crucial facts?
- Identity of the accused
- That the crime was committed.
