What are the elements required to prove a burglary?
Enters, Building or Part of a Building, As a trespasser, Knowledge or Recklessness as to entry as a tresspasser.
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What statute is Burglary found under?
Section 21 Theft Act 1968
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What are the elements required to prove a blackmail?
Demand, Unwarranted Demand, Menaces, With a view to make a gain or cause a loss.
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What statute is Fraud by False Representation found under?
Section 2 Fraud Act 2006
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What are the elements required to prove a FFR?
Makes a false representation, Dishonestly, Knowing that the representation might be untrue or misleading, With an intern to make a gain for himself or to cause a loss to another.
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What statute is Obtaining Services Dishonestly found under?
Section 11 Fraud Act 2006
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What are the elements required to prove OSD?
Obtains for himself or another, Services, Dishonestly, Knowing the need to pay, Avoids or intends to avoid full payment.
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What statute is Making Off Without Payment found under?
Section 3 Theft Act 1978
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What are the elements required to prove MOWP?
Goods supplied or service done, Makes off from the spot, Without having paid, Knowledge, Dishonestly, Intention to permanently deprive.
What are the elements required to prove the Basic Offence of Criminal Damage Section 1 (1) Criminal Damage Act?
Damage or Destroy, Property (section 10 (1)), Belonging to Another, Without lawful excuse, Intention/ recklessness to destroy or damage property.
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What are the elements required to prove the Aggravated Offence of Criminal Damage- Section 1 (2) of the Criminal Damage Act 1971?
Damage or Destroy, Property (section 10 (1)), Belonging to Another, Without lawful excuse, Intention/ recklessness to destroy or damage property, Intetntion or recklessness to endanger life. (ARSON- destroy or damage using fire)
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What are the elements required for Intoxication?
Voluntary/ Involuntary, Basic / Specific. (BASIC- Section 1 (1) Criminal Damage) (SPECIFIC- All other offences)
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What is the test for duress?
Graham- 1) Was the d impelled to act because he feared death or serious injury? 2) Did he respond as a sober person of reasonable firmness sharing the same characteristics of the d would have done?
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What is the test for duress of circumstances?
Apply Graham test. Then apply Martin (two part test)
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What is the test for Self Defence/ Prevention of Crime?
1) Was the use of force necessary? 2) Was the use of force reasonable in those circumstances?
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Other cards in this set
Card 2
Front
What are the elements required to prove a theft?
Back
Appropriation- section 3, Property- section 4, Belonging to Another- section 5, Dishonestly- section 2, Intention to permanently deprive- section 6
Card 3
Front
What statute is Robbery found under?
Back
Card 4
Front
What are the elements required to prove a robbery?
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