Offences Against Property

Question 1

4 types of criminal damage

Answer 1

Basic s1(1)
Aggravated s1(2)
Basic by fire s1(3)
Aggravated by fire s1(4)

Question 2

Elements of basic criminal damage

Answer 2

Without lawful excuse destroys or damages any property belonging to another

Intention and recklessness

Question 3

Meaning of destroy (criminal damage)

Answer 3

Final

Question 4

Meaning Of damage (criminal damage)

Answer 4

Can be temporary

Need physical damage or impairment in value of utility

Question 5

Defences for criminal damage (basic only)

Answer 5

Believed V consented or would consent if they knew circumstances (subjective)

To protect property belonging to himself or another in need of imminent protection and means of protection were reasonable in circumstances

Question 6

What is aggravated criminal damage

Answer 6

Basic offence plus intending by destruction and damage to endanger life of another or being reckless as to whether life would be endangered

4 ways to charge offence

Question 7

Squatting in a residential building

Answer 7

S144 LASPO

Question 8

Making off without payment

Answer 8

Knowing that payment for goods or services is expected
Dishonestly makes off without having paid
With intent to never pay

Question 9

Handling stolen goods

Answer 9

Knows or believes them to be stolen goods
Dishonestly received
Dishonestly undertakes or assists in: retention, removal, disposal or realisation by or for the benefit of another person
Or if he arranges to do so

Suspicion not enough

18 ways to charge

Question 10

Burglary

Answer 10

Enters building or part of building as trespasser with intent to commit
Theft or attempted
GBH or attempted
Criminal damage

Prove MR of ulterior offence

Trespasser or reckless to that fact

Question 11

Aggravated burglary

Answer 11

Standard offence plus had an offensive weapon at the time

Question 12

What is an offensive weapon for aggravated burglary

Answer 12

Anything made, adapted or intended to cause injury

Question 13

Robbery

Answer 13

Theft plus use of force or threat of force immediately before or during theft to facilitate theft
Not to escape
MR of theft must be proved MH

Question 14

Elements of theft

Answer 14

Dishonestly appropriate property belonging to another with the intention to permenantly deprive

Question 15

Three examples of when D is not dishonest (theft)

Answer 15

D thought they had lawful right to deprive other of it
D thought they had consent
D believed owner could not be discovered by taking reasonable steps

Question 16

Ghosh test for dishonesty

Answer 16

Was D dishonest according to the standards of reasonable and honest people
Did D realise they were dishonest according to the standard of reasonable and honest people

Question 17

Is it theft if owner cannot be identified or it has been thrown away

Answer 17

Still theft even if it has been thrown away

Not theft when it is found but would be theft if you decided to keep it

Question 18

What is property (theft)

Answer 18

Money, real, personal, things in action and intangibles

Question 19

When does something belong to someone

Answer 19

Control, possession, property right or interest

Question 20

Does a thing need to be taken from legal owner for it to be theft

Answer 20

No it must belong to another when it is appropriated but doesn’t need to be stolen from legal owner

Question 21

What is appropriation

Answer 21

Any assumption by a person of their rights as an owner

Question 22

What are the rights of an owner

Answer 22

Sell, hire, give away, lend, mortgage, damage, destroy, throw away

Question 23

What is appropriation

Answer 23

Any touching or dealing

Need interaction, having money in account not enough

Question 24

Can borrowing be permanently depriving (theft)

Answer 24

Depending on circumstances and length of time- are these equivalent to outright taking or disposal

Intent to treat as there own to dispose of?

Question 25

Types of fraud

Answer 25

``` Fraud by false representation Fraud by failing to disclose Fraud by advise of position Dishonestly obtaining services Conspiracy to defraud ```

Question 26

Conspiracy to defraud

Answer 26

Agreement to deprive of injury property rights

Question 27

Dishonestly obtaining services

Answer 27

Payment expected for services obtained but D intends to avoid payment

Question 28

Fraud by abuse of position

Answer 28

D occupies position to safeguard V but abuses that position with intention to make a gain for D or another, cause a loss for another or expose another to risk of loss

Question 29

Fraud by failing to disclose

Answer 29

Legal duty to disclose and fails to do so. Intends to make gain for D or another, cause loss for another or expose another to loss

Question 30

Fraud by false representation

Answer 30

Make a false representation and intends to make gain for D or another or cause loss to another or expose another to loss Don’t need to prove actual gain or loss

Question 31

Fraud by false representation - can representation be express or implied

Answer 31

Can be either

Question 32

Fraud by false representation - what is false

Answer 32

Untrue or misleading Must know it was untrue or misleading - not ought to knew

Question 33

What is a gain or loss - fraud?

Answer 33

Gain includes keeping what you have and loss includes not getting what you might have got No need to prove actual gain or loss

Question 34

Theft

Answer 34

max 7 years prison - either way offence

Question 35

what is appropriation

Answer 35

the assumption of any rights of an owner

Question 36

Who can steal land

Answer 36

by a trustee in breach of trust, tenant who takes something fixed to the land they weren't meant to take and a person who is not in possession of the land is they appropriate anything forming part of the land whether by severing it or after it has been severed.

Question 37

when does property belong to another

Answer 37

when they have possession, control, rights or interests over it

Question 38

can you steal your own property

Answer 38

yes when it is in the possession of another

Question 39

what cannot be stolen

Answer 39

electricity, confidential info, plants on wild land and wild animals

Question 40

when is someone NOT dishonest

Answer 40

the owner cannot be discovered by taking reasonable steps the owner would have consent had they known the circumstances you have the right in law to the property

Question 41

can you be dishonest even if you are willing to pay for the property

Answer 41

yes

Question 42

ivy test for dishonesty

Answer 42

ascertain subjectively the actual state of Ds knowledge or belief of the facts and then determine if their conduct was honest according to the objective standards of ordinary decent people

Question 43

what is intention to permanently deprive

Answer 43

treating property as your own to dispose of regardless of if you actually dispose of it. even if you use it and return it

Question 44

can borrowing something be intention to permanently deprive

Answer 44

yes if it has same effect eg taking concern ticket and using it and then returning it after concert

Question 45

if you might return property can it still be intention to permanently deprive

Answer 45

yes parting with it under condition for return you might not be able to fulfil is depriving permanently

Question 46

is it theft to take abandoned property

Answer 46

no

Question 47

burglary

Answer 47

max 10 years or 14 if dwelling house - either way offence

Question 48

robbery

Answer 48

indictable only

Question 49

2 types of burglary

Answer 49

enter building or part of building as a trespasser S9(1)(a) - with intent to commit theft, GBH or criminal damage S9(1)(b) - and commit theft or GBH or attempt to to either

Question 50

AR and MR elements of burglary S9(1)(a)

Answer 50

AR - enter building or part of building as trespasser MR - knowledge / recklessness of being trespasser MR- intent to commit theft, GBH or criminal damage

Question 51

AR and MR elements of burglary s9(1)(b)

Answer 51

AR - enter building or part of building as trespasser AR- commit AR of theft or GBH or attempt to commit AR of either MR - Knowledge / recklessness as to being a trespasser MR- have MR for theft or GBH

Question 52

meaning of enter the building (burglary)

Answer 52

effective and substantial entry

Question 53

meaning of a building (burglary)

Answer 53

a structure of significance size and some degree of permanence

Question 54

what is trespassing (burglary)

Answer 54

entering without permission or consent

Question 55

MR for trespassing (burglary)

Answer 55

know they are trespasser or foresee risk they are trespasser but enter anyway

Question 56

when a person is asked to leave are they a trespasser

Answer 56

no they have a licence to leave but become a trespasser if they do not

Question 57

aggravated burglary definition

Answer 57

burglary with a firearm or imitation firearm or weapon or explosive. requires elements of s9(1)(a) or s9(1)(b) AND to be in possession of weapon at time

Question 58

when do you need to possess weapon for aggravated burglary

Answer 58

s9(1)(a) - at time of entry | s9(1)(b) - at time of committing ulterior offence (GBH, theft or criminal damage)

Question 59

aggravated burglary

Answer 59

indictable only - max life sentence

Question 60

methods by which fraud may be committed

Answer 60

abuse of position false representation failing to disclose info

Question 61

fraud by failing to disclose info

Answer 61

dishonestly fail to disclose to another info which they are under a legal duty to disclose and intend by failing to disclose to make a gain for themself or another or cause a loss or risk of loss to another

Question 62

fraud by abuse of position

Answer 62

occupy a position in which they are expected to safeguard or not to act against financial interests of another. Dishonestly abuse that position and intend to make gain for self or other or cause loss or risk of loss to other

Question 63

fraud by false representation

Answer 63

dishonestly make false representation and intend to make gain for self or other or loss for other or risk of loss to other you know it is or might be false

Question 64

when is a representation false (fraud)

Answer 64

when you know it is or might be untrue or misleading

Question 65

when is a statement misleading (fraud)

Answer 65

less than wholly true and capable of interpretation to the detriment of V

Question 66

does a false representation have to be in a particular format? (fraud)

Answer 66

it can be spoken, written, online, implied, express, words or conduct

Question 67

is it fraud by false representation if D says something which they believe is false but turns out to be true

Answer 67

no - not fraud

Question 68

do you need to show D actually made a gain to prove fraud

Answer 68

no - only need to show intention

Question 69

does D need to actually deceive someone to commit fraud by false representation

Answer 69

no only need to make the representation so can make it to a machine made as soon as it is sent even if no one ever reads or received it

Question 70

types of criminal damage

Answer 70

simple criminal damage - intention or recklessness to damage or destroy and believed property belonged to another. aggravated criminal damage - intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life. simple arson - by fire, intention or recklessness to damage or destroy and believed property belonged to another. aggravated arson - by fire, intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life.

Question 71

what types of criminal damage do the lawful excuses apply to

Answer 71

simple criminal damage and simple arson | not aggravated criminal damage or aggravated arson

Question 72

what are the criminal damage lawful excuses

Answer 72

belief in consent - subjective belief V would consent if they knew circumstances or belief they had consented. protection of property - subjective belief immediate need to protect property and that means adopted were reasonable to protect property. Objectively amounts to purpose of protecting proeprty.