Flashcards in Crimes of Dishonesty Deck (36)
where can the authority for theft be found
what is the definition of theft
the dishonest taking of possession of a thing and carrying it away
what percentage of crimes do thefts account for
44% of all crimes in 2012/2013
what is the mens rea behind theft
the intention to deprive or appropriate
what is the actus reus for theft
lack of consent is essential and appropriation of property
what is an essential element of theft
what was the case of George Brown (1839)
watch given for repair and then was kept. Became criminal with the intention to deprive
what is robbery
theft accomplished by means of personal violence or intimidation
what can robbery not be without?
give an example of a robbery case
Cromar v HMA 1987, no need for direct violence it is sufficient to cause fear
what is the law of handing over something with regards to robbery?
the law covers deliberately handing over something if under threat
Taking property after a struggle is not robbery. Why?
It is assault and theft as the offences happened at separate times
What happened in the case of Morrison v HMA 2010
Robbery and assault. Not enough to convict assault but was sufficient for robbery
what is aggravated theft?
Preparatory offences when committed with intent to commit a crime. For example, house breaking
when is housebreaking not an offence
not an offence unless intended to steal
give an example of an aggravated theft case
Burns v Allan (1987) attempted to disable alarm and had intended to steal
what is the authority for reset?
what does Hume define reset as?
"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"
what did Macdonald add to Humes definition of reset?
"privy to the retention"
what is the case authority for privy to retention?
HMA v Browne (1903)
does wilful blindfulness satisfy the mens rea for reset?
give an example of a case on reset
Clark v HMA (1965)
What is embezzlement?
the deliberate appropriation to one's own use and purpose of property entrusted to one by the owner
what is the actus reus of embezzlement?
already in possession with authority of another, obligation to account. For example, trustee or manager
Give an example of a case on embezzlement
HMA v Laing 1891, solicitor acting for clients
what must be established in an embezzlement crime?
what the definition of extortion
the accuses is guilty if made demand of victim that is blackened by threat
also known as blackmail
give an example of extortion that was acquitted
HMA v Donnoghue and Another 1971, no threat included in demand for money there for not extortion
give an example of extortion
Marion MacDonald (1897) threatened to reveal sexual improprieties unless money paid. Was extortion.