Property Damages, Fraud and Criminal Damage Flashcards
(18 cards)
What is the AR and MR for theft?
Dishonestly appropriating property belonging to another with the intention of permanently depriving.
(Not dishonest if has legal right to property, consent of owner, owner cannot be found)
Sentencing for Theft
Either Way
7 years max
What is the AR and MR for robbery?
They steal,
And immediately before or at the time of doing so,
They use force on any person,
or put them in fear of being subjected to force.
THEFT + FORCE or FEAR of FORCE = ROBBERY
Sentencing for robbery
Indictable
Life Imprisonment
Unlimited fine
What is the AR and MR for burglary?
✅ 1. s.9(1)(a) – Entry with Intent
A person commits burglary if they:
Enter a building or part of one as a trespasser,
With intent at the time of entry to commit:
Theft,
Grievous bodily harm (GBH), or
Criminal damage.
🗝️ Intent must exist at the time of entry.
✅ 2. s.9(1)(b) – Offence After Entry
A person commits burglary if they:
Enter a building as a trespasser, and
Then commit or attempt to:
Steal, or
Inflict GBH.
🗝️ Offence is committed after entry – no need for intent at the time of entry.
What is the AR and MR for aggravated burglary?
Burglary committed at the time with any
firearm, imitation firearm or weapon of office
- entering into a building/part as a TRESPASSER with intent to commit theft, gbh or criminal damage [committed at entry]
or
- entering a building as a trespasser steaing/attempting to steal or inflicting/attempting to inflict GBH [ulterior offence]
What is the AR and MR for simple criminal damage?
Destroy or damage property,
Belonging to another,
Without lawful excuse,
Intending to destroy or damage it,
or being reckless as to whether it would be destroyed or damaged.
Destroying a house, smashing a window, breaking a door down.
What is a lawful excuse?
A defence to criminal damage:
2 excuses
- Belief in consent: honestly believe that the owner would consent
- Necessary to protect the property [on fire]. Property in immediate need of protection
Aggravated criminal damage:
Destroying or damaging property with the intent to endanger life
What is the AR and MR of aggravated criminal damage?
Destroy or damage property,
Belonging to another,
Without lawful excuse,
Intending to destroy or damage it,
or being reckless as to whether it would be destroyed or damaged.
+ Intend to endanger life.
Criminal damage [arson]
Criminal damage + fire
AR and MR of Arson:
Where criminal damage is caused by fire
Smoke does not count
Aggravated arson
Criminal damage + fire + intent to endanger life
Fraud by false representation
Person dishonestly
Makes a false representation and itnends
To make gain from it or cause a loss to another
So, what is a false representation?
- Falsely declaring something that is untrue or misleading
-
Fraud by failing to disclose information
Person dishonestly
Fails to disclose information which they’re under a legal duty to do
To make a gain for themselves or a loss to another
What is an example of a legal duty?
fiduciary duty [employed by council etc]
contract
relationship of good faith
Fraud by abuse of position
Person occupies position
Expected to safeguard, act in best interests
Person dishonestly abuses position [financially etc]
To make a gain for themselves or loss for another or expose to a risk of loss
