Crimes of Dishonesty Flashcards Preview

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Flashcards in Crimes of Dishonesty Deck (36)
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1

where can the authority for theft be found

Hume

2

what is the definition of theft

the dishonest taking of possession of a thing and carrying it away

3

what percentage of crimes do thefts account for

44% of all crimes in 2012/2013

4

what is the mens rea behind theft

the intention to deprive or appropriate

5

what is the actus reus for theft

lack of consent is essential and appropriation of property

6

what is an essential element of theft

dishonesty

7

what was the case of George Brown (1839)

watch given for repair and then was kept. Became criminal with the intention to deprive

8

what is robbery

theft accomplished by means of personal violence or intimidation

9

what can robbery not be without?

theft

10

give an example of a robbery case

Cromar v HMA 1987, no need for direct violence it is sufficient to cause fear

11

what is the law of handing over something with regards to robbery?

the law covers deliberately handing over something if under threat

12

Taking property after a struggle is not robbery. Why?

It is assault and theft as the offences happened at separate times

13

What happened in the case of Morrison v HMA 2010

Robbery and assault. Not enough to convict assault but was sufficient for robbery

14

what is aggravated theft?

Preparatory offences when committed with intent to commit a crime. For example, house breaking

15

when is housebreaking not an offence

not an offence unless intended to steal

16

give an example of an aggravated theft case

Burns v Allan (1987) attempted to disable alarm and had intended to steal

17

what is the authority for reset?

Hume

18

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"

19

what did Macdonald add to Humes definition of reset?

"privy to the retention"

20

what is the case authority for privy to retention?

HMA v Browne (1903)

21

does wilful blindfulness satisfy the mens rea for reset?

yes

22

give an example of a case on reset

Clark v HMA (1965)

23

What is embezzlement?

the deliberate appropriation to one's own use and purpose of property entrusted to one by the owner

24

what is the actus reus of embezzlement?

already in possession with authority of another, obligation to account. For example, trustee or manager

25

Give an example of a case on embezzlement

HMA v Laing 1891, solicitor acting for clients

26

what must be established in an embezzlement crime?

dishonesty

27

what the definition of extortion

the accuses is guilty if made demand of victim that is blackened by threat
also known as blackmail

28

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

29

give an example of extortion

Marion MacDonald (1897) threatened to reveal sexual improprieties unless money paid. Was extortion.

30

where does the law stand in trying to collect a debt, with regards to extortion

trying to get a debtor to pay back money by the means of extortion is illegal