Podcast
Questions and Answers
What is the primary intent required for a crime of reset?
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?
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?
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?
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?
Which of the following describes 'guilty knowledge' in the context of reset?
What kind of property is considered in the crime 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?
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?
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?
What item was recovered from a person arrested for an assault at the Clansman public house?
How was the 55” television recovered?
How was the 55” television recovered?
What was the initial source for the recovery of the assorted Blu-rays and DVDs?
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?
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 not specifically mentioned as being sold at a location?
Which item was mentioned as being tied to a crime investigation?
Which item was mentioned as being tied to a crime investigation?
In what context is the mountain bike mentioned?
In what context is the mountain bike mentioned?
What is the significance of the statement about buying the mobile telephone?
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 must be proven for a person to be guilty of possessing stolen property?
What is an example of property being concealed?
What is an example of property being concealed?
How is the crime of reset completed?
How is the crime of reset completed?
What constitutes guilty knowledge in the context of reset?
What constitutes guilty knowledge in the context of reset?
What is meant by 'buffing off or removing serial numbers'?
What is meant by 'buffing off or removing serial numbers'?
Which statement about intent in the crime of reset is accurate?
Which statement about intent in the crime of reset is accurate?
What example illustrates acquisition of property at a heavy discount without guilt?
What example illustrates acquisition of property at a heavy discount without guilt?
Which of the following is NOT a sign of stolen property?
Which of the following is NOT a sign of stolen property?
What is not necessary to prove the crime of reset?
What is not necessary to prove the crime of reset?
What was the occupation of John Fleming in the given example?
What was the occupation of John Fleming in the given example?
What amount did John Fleming pay for the stolen gold rings?
What amount did John Fleming pay for the stolen gold rings?
Under which act was Steven Duffus arrested?
Under which act was Steven Duffus arrested?
What was the value of the motor scooter that was stolen?
What was the value of the motor scooter that was stolen?
What was the consequence for Steven Duffus after pleading guilty?
What was the consequence for Steven Duffus after pleading guilty?
In relation to reset, what was contained in the blankets found at Duffus' home?
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 did Duffus claim about the stolen items found in his home?
What does the charge in the example provided relate to?
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?
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?
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?
What type of crime does reset fall under within Scots criminal law?
Which of the following statements is TRUE regarding the reset convictions?
Which of the following statements is TRUE regarding the reset convictions?
What is primarily assessed during a reset case regarding the accused's behavior?
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?
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?
Which act was mentioned as relevant to the case concerning military property?
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.
