Deck 9: Fraud , Burglary and Blackmail

Question 1

A key element in burglary is that the defendant enters a building or part of a building as a ______.

Answer 1

trespasser
Explanation: To be guilty of burglary it must be shown that the defendant entered a building or part of a building as a trespasser.

Question 2

Under section 9(1)(a) of the 1968 Theft Act a defendant can be guilty of burglary if he enters a building as a trespasser with intent to commit which crimes? [Please select all that apply]

A) an assault
B) theft
C) criminal damage
D) infliction of grievous bodily harm

Answer 2

B,C,D
Explanation: Under section 9(1)(a) of the 1968 Theft Act a defendant can be guilty of burglary if he enters a building as a trespasser with intent to commit theft, criminal damage or the infliction of grievous bodily harm.

Question 3

A defendant can be guilty of burglary if only his fingertips go inside.

Answer 3

False
Explanation: To be guilty of burglary the entry must be 'effective'. It is not quite clear what this means, but it seems to require more than just a minimal entry.

Question 4

Which of the following statements best describes the actus reus of blackmail?

A) The defendant threatens to assault the victim unless money is paid.
B) The defendant makes an unwarranted demand with menaces.
C) The defendant wears dark coloured armour.
D) The defendant asks for money in return for improper favours.

Question 5

The offence of fraud can only be committed if there is a false representation.

Question 6

A representation will be treated as false if it is untrue or misleading.

Question 7

Section 3 of the 2007 Fraud Act 2006 creates the offence of failing to disclose ____

Question 8

Which of the following are included in the definition of the offence of making off without payment? [Please select all that apply]

A) The defendant deceived the victim.
B) The defendant dishonestly made off without payment.
C) The defendant intended to avoid payment.
D) The defendant knew that payment on the spot was required.