Chapter 9 Self-test questions

What is the actus reus of theft?

The appropriation of property belonging to another.

Taking property which does not belong to the defendant.

The misappropriation of property belonging to another.

Stealing things which don't belong to oneself.

What is the mens rea of theft?

Dishonesty and concealing the property.

Dishonesty and intention to sell the property.

Dishonesty and possession of the stolen goods.

Dishonesty and intention to permanently deprive.

Damaging or destroying property can be appropriation. True or false?

True

False

Intention to permanently deprive can only be assessed over the course of the theft as it unfolds. True or false?

True

False

What is the test for dishonesty?

Was D's conduct objectively dishonest by the standards of ordinary decent people?; and
Did D realise this?

What was the actual state of D's knowledge or belief as to the facts?; and
In this context, was D's conduct dishonest by the standards of ordinary decent people?

What was D's awareness of the situation?; and
Was D's conduct dishonest by his or her own standards?

What was the actual state of D's knowledge or belief as to the facts?; and
Was D's conduct dishonest by D's own standards?

What is the actus reus of robbery?

Stealing from a domestic dwelling.

Stealing while using a weapon.

Stealing by force or anticipation of force.

Stealing while causing injury.

What is the mens rea of robbery?

Dishonesty, intention to steal, and intention to do harm.

Dishonesty, intention to steal, and intention to use force.

Dishonesty and possession of the stolen goods.

Dishonesty and intention to permanently deprive.

A robbery can happen even if nothing is stolen. True or false?

True

False

For robbery, force must be bodily and not against property.
True or false?

True

False

The force used in robbery must be deliberate. True or false?

True

False

What is the actus reus of s.9(1)(a) burglary?

Entry to a building and therein committing theft.

Breaking into a building by criminal damage.

Entry to a building, or part of a building, as a trespasser

Breaking and entering into a building.

What is the mens rea of s.9(1)(a) burglary?

Intention or recklessness as to trespass, with intention to steal, cause GBH, or criminal damage.

Intention or recklessness as to theft, with intention to steal, cause GBH, criminal damage, or arson.

Intention or recklessness as to trespass, with intention to steal, cause GBH, or criminal damage, or rape.

Intention or recklessness as to breaking and entering, with intention to steal or cause GBH.

What is the actus reus of s.9(1)(b) burglary?

Entry to a building, or part of a building, as a trespasser – and then committing theft, or attempted theft.

Entry to a building, or part of a building, as a trespasser – and then committing theft, attempted theft, causing GBH, or attempting to cause GBH, causing criminal damage, or attempting to cause criminal damage.

Entry to a building, or part of a building, as a trespasser – and then committing theft, attempted theft, causing criminal damage, or attempting to cause criminal damage.

Entry to a building, or part of a building, as a trespasser – and then committing theft, attempted theft, causing GBH, or attempting to cause GBH.

What is the mens rea of s.9(1)(b) burglary?

At least recklessness as to trespass, and the mens rea of theft, GBH or criminal damage.

At least recklessness as to trespass, and the mens rea of either theft or GBH.

At least recklessness as to theft, and the mens rea of either GBH or criminal damage.

At least recklessness as to entry, and the mens rea of both theft and GBH.

What makes a burglary become an aggravated burglary?

The use of any firearm.

The use of any weapon of offence.

The use of any tools or equipment.

The use of any dangerous weapon.

What is the actus reus of handling stolen goods?

Receiving goods which one knows or ought to know are stolen.

Taking receipt of the goods, transporting, storing, disposing of, or otherwise taking proprietary rights in the goods which are stolen, or planning to do so.

Moving or concealing goods which one knows to be stolen.

Receiving the goods, undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to do so.

What is the mens rea of handling stolen goods?

Intention to handle stolen goods, and dishonesty.

Recklessness as to handling stolen goods, and dishonesty.

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

Negligence as to the handling of stolen goods, and dishonesty.

Encouraging someone to handle stolen goods can be charged as handling stolen goods.
True or false?

True

False

What is the maximum sentence for handling stolen goods?

2 years.

7 years.

10 years.

14 years.

It is possible to be found guilty of handling stolen goods, even if one did not steal them.
True or false?

True

False

What is the actus reus of blackmail?

Forcing someone to do a crime by making threats.

Making a demand, and the use of menaces.

Making someone disclose their bank details.

Sharing confidential information for monetary reward.

What is the mens rea of blackmail?

Unwarranted demands, and intention to make a gain or cause a loss.

Intention to make a gain or cause a loss, by threats.

Unreasonable demands, and intention to do financial harm.

Intention to cause someone unwarranted financial loss by making demands.

What is a menace, in the context of blackmail?

Any action which could lead to a police investigation if the allegations came to light.

Any action which could lead to an unfair and unwarranted financial loss.

A threat to do something which a reasonable person would find annoying.

Any action detrimental to or unpleasant to the person addressed.

What is the maximum sentence for blackmail?

2 years.

7 years.

10 years.

14 years.

The offence of blackmail requires dishonesty as part of its mens rea. True or false?

False

True

What is the actus reus of criminal damage?

Appropriating property belonging to another.

Irretrievably destroying property belonging to another.

Making unusable property belonging to another.

Damaging property belonging to another.

What is the mens rea of criminal damage?

Intention or recklessness as to causing damage to property, and intention, knowledge or recklessness that the property belonged to another.

Intentionally or recklessly irretrievably damaging property.

Intention or recklessness as to causing damage to property, and carelessness as to whether the property belonged to another.

Intentional destruction of items belonging to a third party.

Which of the following are specific defences to criminal damage?

Belief in necessity, and belief in a right to do so.

Belief the property is yours, and the protection of others.

Belief in authority and belief in power over the property.

Belief in consent, and protection of property.

What is the definition of arson?

Setting fire to one's personal belongings.

Causing criminal damage by fire.

Setting fire to a structure or building.

Causing danger to life by fire.

What are the definitions of aggravated criminal damage and aggravated arson?

Criminal damage or arson without any consideration of risk.

Criminal damage or arson, and intention or recklessness as to the consequences of that damage for property.

Criminal damage or arson, and carelessness as to life.

Criminal damage or arson, and intention or recklessness as to the endangerment of life by that damage.

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