Unit 4- Law- Offences Against Property

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What statute is Theft found under?
Section 1-6 Theft Act 1968
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What are the elements required to prove a theft?
Appropriation- section 3, Property- section 4, Belonging to Another- section 5, Dishonestly- section 2, Intention to permanently deprive- section 6
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What statute is Robbery found under?
Section 8 (1) Theft Act 1968
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What are the elements required to prove a robbery?
AR= AR of Theft and Force or putting or seeking to put any person in fear of force. MR= MR of Theft and Intention to use force to steal.
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What statute is Burglary found under?
Section 9 (1) (a) and Section 9 (1) (b) Theft Act 1968
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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.
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What statute is Criminal Damage found under?
Section 1 (1) and Section 1 (2) Criminal Damage Act 1971
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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

Preview of the front of card 3

Card 4

Front

What are the elements required to prove a robbery?

Back

Preview of the front of card 4

Card 5

Front

What statute is Burglary found under?

Back

Preview of the front of card 5
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