Pages in this set

Page 1

Preview of page 1
SK




S.21 Theft Act 1968 Blackmail (MAXIMUM: 14 YEARS SENTENCE)

A person is guilty of blackmail if `with a view to gain for himself or another with intent to cause loss to
another, he makes any unwarranted demand with menaces' ­

The nature of the act or omission demanded is…

Page 2

Preview of page 2
SK




R v Bevans ­ things of economic value such as morphine injection for pain relief is sufficient
as it amounts to `property' that he gained.


Defences

The defendants belief as to reasonable grounds for making the demands, and that the use of the
menaces is a proper means of…

Page 3

Preview of page 3
SK










Mens Rea D must either intend to destroy or damage property or be aware of a risk that damage or
destruction will occur and it is in the circumstances know to him, unreasonable for him to take that
risk

Intention
D must intend to damage property belonging to another…

Page 4

Preview of page 4
SK








S.1(3) Criminal Damage Act 1971 Arson (MAXMIMUM:LIFE)

This sections provides for an offence of arson if an offence under S.1(1) or S.1(2) of the CDA 1971
is committed by means of fire













S.2 Fraud Act 2006 Fraud by False Representation (MAXIMUM: 10 YEARS)

A person commits fraud here if…

Page 5

Preview of page 5
SK




Conduct amounted to representation in DPP v Ray where D made off without paying for a
meal in a restaurant after giving the waiter the impression he was an honest customer and
was going to pay for the meal as he was seated in his chair after consuming it.…

Page 6

Preview of page 6
SK




S.3 Theft Act 1978 Making Off Without Payment (MAXIMUM 2 YEARS)

"A person who, knowing that payment on the spot for any goods supplied or service done is required
or expected from him, dishonestly makes off without having paid as required or expected and with
intent to avoid payment"…

Page 7

Preview of page 7
SK




It does not matter what stage the D decides to be dishonest as long as he is dishonest when
he makes off
The test for dishonesty is from R v Ghosh

He must have the intention to avoid making it
An intention to avoid payment has been interpreted as…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »