Chapter 11 Multiple choice questions

. D pays a foreign coin into a parking meter. D will have committed which of the following offences:

S3 Theft Act 1978

Fraud under s2 Fraud Act 2006

Fraud under s3 Fraud Act 2006

Fraud under s4 Fraud Act 2006

. W, an elderly person, applies for financial help from the local authority to adapt her home for her physical needs. D, her son, fails to inform the local authority of her death and the work proceeds. Which of the following represents the law? There may be more than one correct answer:

D has committed fraud by failing to disclose under s3 Fraud Act 2006.

D has committed fraud by false representation under s2.

D has committed fraud by abuse of position under s4.

D has committed no offence.

. D, a bank employee, befriends an elderly bank customer and extracts money from his bank account in order to pay off her credit card debt. Which of the following apply:

S2 Fraud Act

S3 Fraud Act

S4 Fraud Act

No offence

. D obtains a large mortgage by falsifying the amount of his income. He intends not to repay it. Which of the following does not apply:

S11 Fraud Act

S2 Fraud Act

S3 Fraud Act

S4 Fraud Act

. D spends three nights in a luxury hotel and leaves a worthless cheque on the reception counter when he leaves early one morning having just realized that he could not pay. Which of the following applies:

S11 Fraud Act

S2 Fraud Act

S3 Fraud Act

S3 Theft Act 1978

. A taxi driver takes his drunken passenger (D) to a police station instead of to the passenger's home. D refuses to pay. Which of the following is correct:

D commits an offence under S11 Fraud Act.

D commits an offence under s3 Theft Act 1978.

D does not commit an offence under s3 TA 1978 because payment must be lawfully due.

D commits an offence under s2 Fraud Act.

. D is a regular customer of a garage. He dishonestly obtains the agreement of the garage owner to defer payment for his petrol by stating that he has been made redundant but will be starting a new job in a month's time. In fact, D intends never to pay. Which of the following does not apply:

D commits an offence under s11 Fraud Act 2006.

D commits an offence under s3 Theft Act 1978.

D does not commit an offence under s3 TA 1978 because the agreement precludes an expectation that payment on the spot will be made for the petrol.

D commits an offence under s2 Fraud Act.

. D tells V that her pet cat will disappear one night and will only return if she makes it worth his while. V ignores D. Which of the following represents the law:

D commits blackmail because he has made an implied demand with menaces.

D does not commit blackmail because the demand needs to be express.

D does not commit blackmail because V ignores him.

D does not commit blackmail because he did not specifically demand money.

. D tells V that unless she pays him £500 he will report her to the police for benefit fraud. V has not committed any fraud and is unconcerned. Which of the following represents the law:

D does not commit blackmail because he has not threatened violence and the demand is not accompanied by menaces.

D does commit blackmail because the demand is accompanied by menaces for which the test is objective.

D does not commit blackmail because V ignores him.

D does not commit blackmail because whether a demand is accompanied by menaces is subjectively assessed.

. D is owed £50 by V, a businessman. D tells V that unless the debt is paid promptly he will tell V's customers that V is a rogue. Which of the following represents the law:

A demand is not unwarranted if D believes he has a legal right to make it and that menaces is a proper way of enforcing it.

A demand is not unwarranted if a reasonable person would think it proper.

A demand is not unwarranted if D believes he has a legal right to make it although not necessarily in that way.

D's behaviour is blackmail.

. D deliberately throws a large amount of water onto the wood-block floor of a house belonging to V. Which of the following is correct:

D has not damaged the floor because the water can easily be wiped up.

D may have committed criminal damage by damaging both the value and usefulness of the floor.

D has not committed criminal damage because the floor has not been destroyed.

D has not committed criminal damage because the floor can still be used.

. D attacks V's pet horse and barn with spray paint. Which of the following represents the law (there may be more than one right answer):

D has not committed criminal damage to the horse because animals are excluded from the definition of property.

D has not committed criminal damage to either because the paint can be cleaned off.

D has not committed criminal damage because neither have been destroyed.

D has committed criminal damage because both horse and barn are included within the definition of property, and they have both been rendered imperfect by the paint.

. V invites D, an old friend, to stay in her flat whilst she is away. D forgets her keys one night and breaks V's window to gain entry. D will have a defence to criminal damage if:

Her belief that V would consent to the damage is reasonable.

Her belief that V would consent to the damage is justified.

Her belief that V would consent to the damage is honest.

The damage was necessary for self-protection.

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