Chapter 9 Multiple choice questions

true

false

Which type of burglary can be committed at the point D enters V's property as a trespasser?

a. Neither type of burglary

b. Any type of burglary

c. Section 9(1)(a) burglary

d. Section 9(1)(b) burglary

Robbery (Section 8 of the Theft Act 1968) requires D to commit theft in what circumstances?

c. When trying to break into a building or a part of a building that does not belong to D

d. When threatening that force will be used in the non-immediate future

Where D takes the property of another using force, but does not intend to permanently deprive V of that property, does she commit robbery? (Section 8 of the Theft Act 1968)

a. Yes

b. No

c. Yes, but she does not commit theft

d. Yes, but the sentence will be reduced

D physically attacks V, leaving her unconscious. D then notices V's wallet in her pocket and decides to take it. Has D committed robbery? (Section 8 of the Theft Act 1968)

a. No. D commits an attempted robbery

b. Yes

c. No. D commits and offence against the person and theft

d. Yes, if D took the wallet immediately after the attack

Which of the following will NOT constitute 'entry as a trespasser' for the purposes of burglary? (Section 9 of the Theft Act 1968)

a. D gets trapped in V's window when trying to break into her property

b. D reaches over a shop counter to take money from the cash register

c. D enters a shop with the sole intention of stealing goods

d. D enters a shop and then decides to steal goods

D walks into the backroom of a supermarket, ignoring a sign stating 'staff only', because he is curious what goes on behind the door. When inside D decides to have some fun, damaging various sored goods. Which burglary offence (if any) does D commit? (Section 9 of the Theft Act 1968)

a. Neither burglary offence

b. Burglary under section 9(1)(a)

c. Burglary under section 9(1)(b)

d. Burglary under both 9(1)(a) and 9(1)(b)

What is the actus reus of blackmail (section 21 of the Theft Act 1968)?

a. D gains property by threats

b. D gains money by deception

c. D makes a demand for property

d. D makes a demand for property with menaces

What is the mens rea for criminal damage (section 1 of the Criminal Damage Act 1971)?

a. Intention or recklessness as to damaging property

b. Intention to damage property

c. Intention or recklessness as to (i) causing damage, and (ii) that the property damaged does not belong to D

d. Intention as to (i) causing damage, and (ii) that the property damaged does not belong to D

Arson (section 1(3) of the Criminal Damage Act 1971) involves the commission of criminal damage by...

a. ... fire

b. ... explosion

c. ... use of a gun

d. ... vandalism

Which of the following will NOT constitute 'handling' within the offences of handling stolen goods? (Section 22 of the Theft Act 1968)

a. D receives the goods

b. The goods are found on D's property

c. D arranges for another to collect the goods

d. D disposes of the goods for another

What is the mens rea for the offence of handling stolen goods? (Section 22 of the Theft Act 1968)

a. Dishonesty only

b. Knowledge or belief that the goods are stolen, and an intention to make a gain or cause a loss

c. Dishonesty, and an intention to make a gain or cause a loss

d. Knowledge or belief that the goods are stolen, and dishonesty

Which of the following would constitute an offence of blackmail? (Section 21 of the Theft Act 1968)

a. D makes an unwarranted demand for V's money with menaces, though D believes that she has reasonable grounds for the demand and use of menaces

b. D asks V nicely for her laptop. D has no right to ask for the laptop, but says she will see that V is demoted at work if she refuses.

c. D makes an unwarranted demand for V's car with menaces. D does not want V to hand over the car demanded, but she does want to scare her

d. D makes an unwarranted demand using menaces for V to perform a sexual act.

What does it mean to 'appropriate' property within the offence of theft?

a. To assume any right of ownership of the property

b. To take physical control of the property

c. To assume the right to sell the property

d. To assume the right to make copies of the property

Which of the following is not 'property' as defined within the Theft Act 1968?

a. Money

b. Wild mushrooms picked with the intention of selling

c. Wild mushrooms picked for own (non-commercial) purpose

d. Wild animals captured by V, and then taken by D

Is it possible to commit theft of property that you own?

a. Yes, but only where violence is used

b. Yes

c. No

d. Yes, but only if the property contains national secrets

The mens rea requirement for theft that D must intend to permanently deprive V of the property appropriated is...

a. ... an example of constructive liability

b. ... an example of ulterior mens rea

c. ... an example of mens rea as to the conduct element

d. ... and example of transferred malice

How do we know if D has been 'dishonest' when applying theft?

a. Apply the common law test for dishonesty, set out in the case of Ghosh

b. If D's conduct comes within section 2 of the Theft Act 1968, she is not dishonest; if it does not come within section 2, apply the test for dishonesty in Ivey

c. Apply the definition of dishonesty in section 2 of the Theft Act 1968, supplemented with the common law interpretation of that test

d. Apply the common law test for dishonesty, set out in the case of Ivey

Which of the following is NOT an example of appropriation?

a. D switches the labels on products in a shop

b. D decides to keep the laptop she previously borrowed from V

c. D is handed V's coat to hold for her

d. D plans to steal V's car in the morning

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