Paper 2 - Scenario Questions Flashcards
(11 cards)
Key Elements of Robbery
“A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.”
A completed theft
Case: R v Robinson – No robbery if there is no theft.
Use or threat of force
Case: R v Dawson and James – Jostling a victim was enough to be force.
Timing of the force
Case: R v Hale – The theft was seen as continuing while force was used.
Purpose of the force
Case: R v Lockley – Force used to escape after theft was still part of robbery if theft was ongoing.
Robbery is an indictable offence punishable by life imprisonment.
Key Elements of Burglary
Entry
Case: R v Ryan – D got stuck in a window but still guilty; partial entry counted.
Building or part of a building
Case: Stevens v Gourley – Defined a building as a structure of some permanence.
As a trespasser
Case: R v Walkington – Entering a restricted area (like a staff-only part of a shop) can make someone a trespasser.
With intent (s9(1)(a)) or committing an offence inside (s9(1)(b))
Under s9(1)(a): Intent to commit theft, GBH, or damage must exist at entry.
Under s9(1)(b): Theft or GBH must actually be committed after entry.
Burglary (dwelling) :
14 years’ imprisonment
Burglary (non-dwelling) :
10 years’ imprisonment
Aggravated burglary:
Life imprisonment
Key Elements of Blackmail
A Demand
Case: Collister v Warhurst – Police officers’ conversation within earshot of the victim was an implied demand.
With Menaces
Case: R v Clear – Menaces must be serious enough to influence an ordinary person.
The Demand is Unwarranted
Case: R v Harvey – Even if D believes the demand is justified, it’s not “proper” to support it with threats of violence.
With a View to Gain or Intent to Cause Loss
Blackmail is an indictable offence, punishable by up to 14 years’ imprisonment.
Key Elements of Handling Stolen Goods
Stolen Goods
Obtained by dishonest means
Case: R v Basildon Magistrates – Goods left in bins were still stolen property.
Handling
Case: R v Kanwar – Assisting her husband in keeping stolen property was handling.
Knowledge or Belief
Suspicion is not enough—there must be a real belief or actual knowledge.
Case: R v Hall – A “could be” belief is not enough; must be more than suspicion.
Dishonesty
The handling must be dishonest by the standards set in Ivey v Genting Casinos:
Would ordinary decent people see it as dishonest?
Indictable offence, with a maximum penalty of 14 years’ imprisonment.
Handling is separate from theft—you cannot be guilty of handling the goods you yourself stole.
Case: R v Bloxham – A person cannot handle their own theft.
Key Elements of Making off without Payment
Goods or services have been supplied
Example: ordering a meal in a restaurant or filling a car with petrol.
Payment is required or expected on the spot
Case: R v McDavitt – D who tried to leave a restaurant without paying wasn’t guilty because he had not yet “made off”.
Defendant makes off
Case: R v Brooks and Brooks – “Making off” must be interpreted in its everyday sense.
Dishonesty
The defendant must act dishonestly according to the Ivey v Genting Casinos test: Would ordinary decent people consider the conduct dishonest?
Intention to avoid payment permanently
Case: R v Allen – D said he intended to pay later, so he was not guilty; intent to permanently avoid payment is required.
The offence is triable either way.
Maximum sentence: 2 years’ imprisonment on indictment.
Normally some form of community service.
Key Elements of Basic Criminal Damage
Destruction or damage
Case: Roe v Kingerlee – Smearing mud on a cell wall was held to be damage.
Case: A v R – Spitting on a coat was not damage because it could easily be wiped off.
Property belonging to another – Defined in Section 10(1), this includes any tangible property owned, possessed, or controlled by someone other than the defendant.
Mens rea – The defendant must either:
Intend to destroy/damage the property, or
Be reckless as to whether it would be damaged.
Case: R v G and R – Two boys who accidentally caused fire damage were reckless because they knew there was a risk.
Key Elements of Fraud by False Representation
False Representation
A representation is a statement or assertion made to another person, which can be in the form of:
Written (e.g., a document), Spoken (e.g., verbally lying) or Conduct (e.g., body language or gestures).
- Case: R v Silverman – D falsely represented that he had been working for a company to get a mortgage.
Dishonesty:
- Case: R v Ghosh (prior to Ivey) – The old test required both the defendant to be dishonest by the standards of ordinary people and for the defendant to realise that their conduct was dishonest.
Intention to Gain or Cause Loss
Case: R v Hamilton – D obtained money from a bank by misrepresentation with the intent to gain for himself.
Gain or Loss
It is not necessary for the gain or loss to actually occur—the intent to gain or cause loss is enough, even if the fraudulent act does not lead to the result.
Fraud by false representation is an indictable offence, and the maximum sentence is 10 years’ imprisonment.
Key Elements of Fraud by Failing to Disclose Information
Failure to Disclose Information:
The defendant must have omitted (not said) something they had a legal obligation to disclose.
Legal duties to disclose can arise from:
- Contractual relationships
- Statutory requirements
- Fiduciary relationships
Example: An individual applying for life insurance must disclose serious medical conditions; failing to do so dishonestly can amount to fraud under s3.
Legal Duty to Disclose:
There must be a legal, not just moral, obligation to provide the information
- Insurance contracts
- Mortgage applications
- Job applications involving vetting or regulation
- Financial disclosures in court
Case: R v Rai – D failed to inform the local council that his mother had died after they agreed to fund home improvements based on her needs. He was under a duty to inform them of the change in circumstances.
Dishonesty:
The omission must be dishonest.
Intent to Gain or Cause Loss:
Gain/loss refers to money or property, and does not have to actually happen—the intention alone is enough.
Fraud by failing to disclose information is triable either way.
The maximum penalty is 10 years’ imprisonment on indictment.
Key Elements of Fraud by Abuse of Position
Abuse of a Position of Trust
Common examples include:
-Employees handling company money
-Carers managing a vulnerable person’s finances
-Family members acting under power of attorney
Case: R v Valujevs – Defendants who acted as unofficial agents for migrant workers abused their position by taking excessive fees from their wages.
Abuse of the Position
The defendant must abuse that position—by acting dishonestly:
- Failing to act when they should
- Exploiting the role for personal gain
- Deliberately harming the financial interests of the person they’re supposed to protect
Dishonesty
Intent to Gain or Cause Loss
Actual gain/loss is not required—intent is enough.
Key Elements of Obtaining a Service Dishonestly
Obtaining Services
Example: Climbing over a train barrier to avoid paying but still travelling.
By a Dishonest Act
The obtaining must involve a positive act (e.g. deception, manipulation, or bypassing a system).
A mere omission (failure to act) is not enough for this offence.
Case: R v Sofroniou – Fraudulently obtained bank services through deception; services were provided and payment was expected.
Knowledge That Payment is Required
It is not fraud if the person genuinely believes the service is free or that payment is not required.
Intention Not to Pay or Not to Pay in Full
It’s the intent at the time of obtaining the service that matters.
Maximum penalty: 5 years’ imprisonment on indictment.
