Offences which threaten interests in property Flashcards
What is meant by ‘corporeal’?
Something which can be touched and forms part of the real world.
What is ‘theft by opening a lockfast place’?
Stealing from a locked drawer, a safe, or a room
Theft must occur after the opening of the lockfast place.
What are aggravated forms of theft?
1) Theft by opening a lockfast place
2) Theft by housebreaking
3) Housebreaking with intent to steal
What is theft by housebreaking?
Where a person breaks in to any locked building with a roof.
For theft by housebreaking to occur the security of the building MUST be breacked (smashing of window, breaking padlock)
When would a person be guilty of reset?
Where they have been privy to the retention of goods which have been obtained dishonestly, knowing they are stolen or being ‘wilfully blind’.
What is the key difference between embezzlement and theft?
With embezzlement there is an element of trust between the accused and the victim.
What are key facts to constitute a robbery taking place?
Theft accomplished through use of violence, or threat of violence
Violence does not need to be directly at the victim of the robbery
What is the difference between extortion and robbery?
Robbery are immediate threats made against the victim whereas with extortion the threats are postponed
Name a case where extortion took place.
Black v Carmichael 1992
There was extortion here as the accused had no right to make the demand of payment
When can malicious mischief occur?
Where a person has caused damage to another’s property.
Can also be interpreted for causing financial damage.
What is the regulatory legislation for vandalism in Scotland?
The Criminal Law (Consolidation) Act 1995, s52.
s52(1) Any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
Is fire-raising a form of vandalism?
No, s52(2) states that is shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.
Fire-raising is seen as a more serious crime than vandalism
What is the difference between wilful fire-raising and culpable and reckless fire-raising?
Wilful fire-raising is committed where a person intentionally sets fire to any heritable or moveable property
Culpable and reckless fire-raising is committed where a person recklessly sets fire to any heritable or moveable property and is reckless as to the consequences.
As per the case of Byrne v HM Advocate 2000 (No.2)
