Crimes of Dishonesty

Question 1

where can the authority for theft be found

Answer 1

Hume

Question 2

what is the definition of theft

Answer 2

the dishonest taking of possession of a thing and carrying it away

Question 3

what percentage of crimes do thefts account for

Answer 3

44% of all crimes in 2012/2013

Question 4

what is the mens rea behind theft

Answer 4

the intention to deprive or appropriate

Question 5

what is the actus reus for theft

Answer 5

lack of consent is essential and appropriation of property

Question 6

what is an essential element of theft

Answer 6

dishonesty

Question 7

what was the case of George Brown (1839)

Answer 7

watch given for repair and then was kept. Became criminal with the intention to deprive

Question 8

what is robbery

Answer 8

theft accomplished by means of personal violence or intimidation

Question 9

what can robbery not be without?

Answer 9

theft

Question 10

give an example of a robbery case

Answer 10

Cromar v HMA 1987, no need for direct violence it is sufficient to cause fear

Question 11

what is the law of handing over something with regards to robbery?

Answer 11

the law covers deliberately handing over something if under threat

Question 12

Taking property after a struggle is not robbery. Why?

Answer 12

It is assault and theft as the offences happened at separate times

Question 13

What happened in the case of Morrison v HMA 2010

Answer 13

Robbery and assault. Not enough to convict assault but was sufficient for robbery

Question 14

what is aggravated theft?

Answer 14

Preparatory offences when committed with intent to commit a crime. For example, house breaking

Question 15

when is housebreaking not an offence

Answer 15

not an offence unless intended to steal

Question 16

give an example of an aggravated theft case

Answer 16

Burns v Allan (1987) attempted to disable alarm and had intended to steal

Question 17

what is the authority for reset?

Answer 17

Hume

Question 18

what does Hume define reset as?

Answer 18

“reset involves taking or retaining possession of stolen goods, knowing them to be stolen, with the intention of keeping them from them from the owner”

Question 19

what did Macdonald add to Humes definition of reset?

Answer 19

“privy to the retention”

Question 20

what is the case authority for privy to retention?

Answer 20

HMA v Browne (1903)

Question 21

does wilful blindfulness satisfy the mens rea for reset?

Answer 21

yes

Question 22

give an example of a case on reset

Answer 22

Clark v HMA (1965)

Question 23

What is embezzlement?

Answer 23

the deliberate appropriation to one’s own use and purpose of property entrusted to one by the owner

Question 24

what is the actus reus of embezzlement?

Answer 24

already in possession with authority of another, obligation to account. For example, trustee or manager

Question 25

Give an example of a case on embezzlement

Answer 25

HMA v Laing 1891, solicitor acting for clients

Question 26

what must be established in an embezzlement crime?

Answer 26

dishonesty

Question 27

what the definition of extortion

Answer 27

the accuses is guilty if made demand of victim that is blackened by threat also known as blackmail

Question 28

give an example of extortion that was acquitted

Answer 28

HMA v Donnoghue and Another 1971, no threat included in demand for money there for not extortion

Question 29

give an example of extortion

Answer 29

Marion MacDonald (1897) threatened to reveal sexual improprieties unless money paid. Was extortion.

Question 30

where does the law stand in trying to collect a debt, with regards to extortion

Answer 30

trying to get a debtor to pay back money by the means of extortion is illegal

Question 31

what is fraud?

Answer 31

A 'result crime', where the victim is persuaded to do something would not have normally have done under false pretence

Question 32

give an example of a fraud case

Answer 32

Tapsell v Pretice (1911) no evidence

Question 33

with regards to fraud, what must of the mens rea of the accused be?

Answer 33

Must know that what they have done is false and had the intention to decieve

Question 34

what does not satisfy the crime of fraud?

Answer 34

carelessness

Question 35

what is forgery and uttering

Answer 35

an exposure of a document to another as if it were genuine

Question 36

when is the actus reus of forgery and uttering complete

Answer 36

when the document passes beyond control of forger