Acquisitive Crimes - Lesson 5.3

Questions and Answers

What is the primary intent required for a crime of reset?

To misidentify the property owner

To return property to its rightful owner

To report the theft to authorities

To deprive the owner of the property (correct)

Which of the following is NOT considered a necessary element to prove reset?

Victim Accountability (correct)

Receipt of Property

Guilty Knowledge

Criminal Intent

Under what condition can a person involved in the original theft be convicted of reset?

If they only handled the stolen goods

If they did not directly steal the items themselves

They cannot be convicted of reset (correct)

If they returned the items after the theft

What was the outcome in the case of Backhurst v. MacNaughton regarding the admission of theft?

The conviction for reset was quashed for the stolen articles Signup and view all the answers

Which of the following describes 'guilty knowledge' in the context of reset?

The awareness of owning stolen property Signup and view all the answers

What kind of property is considered in the crime of reset?

Property obtained through theft, robbery, embezzlement, or fraud Signup and view all the answers

Which of the following actions does NOT demonstrate criminal intent in the context of reset?

Returning the property voluntarily Signup and view all the answers

In proving reset, which element refers to the act of receiving stolen property?

Acquisition of property Signup and view all the answers

What item was recovered from a person arrested for an assault at the Clansman public house?

Mobile Telephone Signup and view all the answers

How was the 55” television recovered?

It was found at the local second-hand dealer’s shop. Signup and view all the answers

What was the initial source for the recovery of the assorted Blu-rays and DVDs?

A social media marketplace advert. Signup and view all the answers

What did the person arrested for the assault claim about the mobile telephone?

He purchased it for a small amount at the pub. Signup and view all the answers

Which item was not specifically mentioned as being sold at a location?

Lawn Mower Signup and view all the answers

Which item was mentioned as being tied to a crime investigation?

Mobile Telephone Signup and view all the answers

In what context is the mountain bike mentioned?

It was listed in the inventory. Signup and view all the answers

What is the significance of the statement about buying the mobile telephone?

It indicates ownership of stolen property. Signup and view all the answers

What must be proven for a person to be guilty of possessing stolen property?

They knew the property was stolen. Signup and view all the answers

What is an example of property being concealed?

Stolen motor cycle parts wrapped in bed linen. Signup and view all the answers

How is the crime of reset completed?

When the property changes possession to the resetter. Signup and view all the answers

What constitutes guilty knowledge in the context of reset?

Knowing the property is stolen before possessing it. Signup and view all the answers

What is meant by 'buffing off or removing serial numbers'?

Altering property to disguise its origin. Signup and view all the answers

Which statement about intent in the crime of reset is accurate?

Intent does not require simultaneous knowledge with possession. Signup and view all the answers

What example illustrates acquisition of property at a heavy discount without guilt?

Purchasing a valuable item at a yard sale. Signup and view all the answers

Which of the following is NOT a sign of stolen property?

Registered ownership documents. Signup and view all the answers

What is not necessary to prove the crime of reset?

The identification of the thief responsible for the theft Signup and view all the answers

What was the occupation of John Fleming in the given example?

Local resetter Signup and view all the answers

What amount did John Fleming pay for the stolen gold rings?

£30 Signup and view all the answers

Under which act was Steven Duffus arrested?

Criminal Justice (Scotland) Act 2016 Signup and view all the answers

What was the value of the motor scooter that was stolen?

£800 Signup and view all the answers

What was the consequence for Steven Duffus after pleading guilty?

He received a fine of £250 Signup and view all the answers

In relation to reset, what was contained in the blankets found at Duffus' home?

Parts of a motor scooter Signup and view all the answers

What did Duffus claim about the stolen items found in his home?

He bought them from a person in a pub Signup and view all the answers

What does the charge in the example provided relate to?

Reset of dishonestly appropriated items Signup and view all the answers

What legal principle was upheld in the case of O’Brian v. Strathern regarding theft?

Theft can occur regardless of the specific legal act governing the property Signup and view all the answers

Which factor primarily contributed to the conviction of the accused for reset in the second example?

The abnormally low price paid for the goods Signup and view all the answers

What type of crime does reset fall under within Scots criminal law?

Property crime Signup and view all the answers

Which of the following statements is TRUE regarding the reset convictions?

Conviction for reset relies on evidence of knowledge or neglect regarding the origin of goods Signup and view all the answers

What is primarily assessed during a reset case regarding the accused's behavior?

The price offered for the goods Signup and view all the answers

In Scots law, which of the following is necessary for a reset conviction to occur?

The accused must have possession of goods believed to be stolen Signup and view all the answers

Which act was mentioned as relevant to the case concerning military property?

Army Act 1881 Signup and view all the answers

Study Notes

Definition of Reset

Reset is a common law crime involving the intent to deprive the owner of property known to be stolen through theft, robbery, embezzlement, or fraud.
Individuals involved in the original theft cannot be convicted of reset; they would face charges for the theft instead.
A case example: In Backhurst v. MacNaughton (1981), it was ruled that admitting to theft negates a reset conviction for those items.

Essential Elements for Reset

The prosecution must prove four essential elements to establish a reset charge:
- Guilty Knowledge: The accused must know the property is stolen.
- Criminal Intent: There must be intent to deprive the owner of their property upon receiving it, regardless of how long it is held.
- Receipt of Property: Involves either possession or control of stolen items.
- Property Dishonestly Obtained: Verification that the property was stolen through theft or other dishonest means.

Guilty Knowledge

The accused must have knowledge that the property in their possession has been acquired dishonestly.
Illustrative examples include:
- A stolen laptop sold cheaply in a pub.
- Concealed stolen motorcycle parts found wrapped in a living room cupboard.
Guilty knowledge can occur after receipt; if a person learns property is stolen but retains it, they are guilty of reset.

Criminal Intent

Reset embodies a felonious intent to deprive an owner of their possessions; the offense is complete upon any passing of property to the resetter, even momentarily.

Handling and Control of Stolen Property

Resetting can involve simply handling stolen items or controlling property without physical possession.
Example: A resetter pays for stolen gold rings and instructs the thief on where to store them.

Property Dishonestly Obtained

Police investigations must establish that the property was indeed stolen before resolving to prosecute reset.
It is not necessary to identify or prosecute the original thief for reset charges.
Example: Steven Duffus, who concealed parts of a stolen scooter, was charged with reset despite not identifying the thief; he pled guilty and was fined.

Example Charge of Reset

An example charge could involve receiving items known to be dishonestly appropriated at a specific location, illustrating applied knowledge of reset laws.

Case Law Examples

A second-hand dealer who knowingly purchased a kilt from a soldier, recognizing it as government property, was convicted of reset.
Convictions can be inferred from evidence such as unusually low purchase prices, indicating the buyer's indifference to the goods' origins.

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Description

Dive into the world of acquisitive crimes with this quiz focused on Lesson 5.3. Explore the definition of reset and its implications within common law. Test your understanding of key concepts related to this legal term.

Acquisitive Crimes - Lesson 5.3

Questions and Answers

What is the primary intent required for a crime of reset?

Which of the following is NOT considered a necessary element to prove reset?

Under what condition can a person involved in the original theft be convicted of reset?

What was the outcome in the case of Backhurst v. MacNaughton regarding the admission of theft?

Which of the following describes 'guilty knowledge' in the context of reset?

What kind of property is considered in the crime of reset?

Which of the following actions does NOT demonstrate criminal intent in the context of reset?

In proving reset, which element refers to the act of receiving stolen property?

What item was recovered from a person arrested for an assault at the Clansman public house?

How was the 55” television recovered?

What was the initial source for the recovery of the assorted Blu-rays and DVDs?

What did the person arrested for the assault claim about the mobile telephone?

Which item was not specifically mentioned as being sold at a location?

Which item was mentioned as being tied to a crime investigation?

In what context is the mountain bike mentioned?

What is the significance of the statement about buying the mobile telephone?

What must be proven for a person to be guilty of possessing stolen property?

What is an example of property being concealed?

How is the crime of reset completed?

What constitutes guilty knowledge in the context of reset?

What is meant by 'buffing off or removing serial numbers'?

Which statement about intent in the crime of reset is accurate?

What example illustrates acquisition of property at a heavy discount without guilt?

Which of the following is NOT a sign of stolen property?

What is not necessary to prove the crime of reset?

What was the occupation of John Fleming in the given example?

What amount did John Fleming pay for the stolen gold rings?

Under which act was Steven Duffus arrested?

What was the value of the motor scooter that was stolen?

What was the consequence for Steven Duffus after pleading guilty?

In relation to reset, what was contained in the blankets found at Duffus' home?

What did Duffus claim about the stolen items found in his home?

What does the charge in the example provided relate to?

What legal principle was upheld in the case of O’Brian v. Strathern regarding theft?

Which factor primarily contributed to the conviction of the accused for reset in the second example?

What type of crime does reset fall under within Scots criminal law?

Which of the following statements is TRUE regarding the reset convictions?

What is primarily assessed during a reset case regarding the accused's behavior?

In Scots law, which of the following is necessary for a reset conviction to occur?

Which act was mentioned as relevant to the case concerning military property?

Study Notes

Definition of Reset

Essential Elements for Reset

Guilty Knowledge

Criminal Intent

Handling and Control of Stolen Property

Property Dishonestly Obtained

Example Charge of Reset

Case Law Examples

Studying That Suits You

Description

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