Ticket Resale Legal Implications
Summary
Reselling part-used underground tickets can lead to criminal liability if a clause on the tickets indicates they still belong to the transport company. The bona fide purchaser exception protects those who unknowingly buy stolen property. Under the Theft Act 1968, wildflowers are not considered stolen property unless picked for sale. Taking a car from a garage without paying may not be theft but could be obtaining services dishonestly. Appropriation involves assuming any owners rights. Robbery requires intent to instill fear of force, even if the victim is not afraid. Abandoning appropriated property is judged by the intent to permanently deprive. Accomplice liability requires intent, which can be direct or oblique, and presence alone doesnt imply participation. Aiding and abetting involve assisting and encouraging, and an accomplice is not liable if the principal lacks actus reus. An omission can be participation if theres a duty to act.Full Conversation
D has collecte**** part-use**** un****ergroun**** tickets an**** resol**** them. Coul**** he be criminally liable for theft? Choose the best answer.
Question 2Select one:
a.
D is criminally liable because the transport company retains proprietary interests in future sales.
b.
No, D is not criminally liable because tickets ****o not qualify as property.
c.
D coul**** be criminally liable, ****epen****ing on whether a clause on the tickets clearly in****icates (or not) that the tickets still belong to the transport company.
****.
D cannot be criminally liable if s/he receive**** them with the consent of the people who ha**** purchase**** them.
c. D coul**** be criminally liable, ****epen****ing on whether a clause on the tickets clearly in****icates (or not) that the tickets still belong to the transport company.
Which of the following best ****escribes the bona fi****e purchaser exception?
Question 3Select one:
a.
A person who sells property for a cost substantially higher than its real value is not liable for theft of the purchaser’s money.
b.
A person who receives property with the owner’s consent can still be liable for theft.
c.
A person who purchases stolen property in goo**** faith, believing that s/he has become its legal owner, is not be liable for theft
The best ****escription of the bona fi****e purchaser exception is:
c. A person who purchases stolen property in goo**** faith, believing that s/he has become its legal owner, is not liable for theft.
c. A person who purchases stolen property in goo**** faith, believing that s/he has become its legal owner, is not liable for theft.
Property capable of being stolen is ****efine**** in s4 Theft Act *. Which of the following ****oes NOT qualify as stolen property? Choose the best answer.
Question 4Select one:
a.
Fun****s in bank account.
b.
Wil**** flowers, unless picke**** to be sol**** commercially.
c.
All wil**** flowers an**** wil**** creatures are not property for the purpose of s4 TA *.
****.
Bo****ily pro****ucts use**** for health purposes.
Case Rating: *
The best answer to the question "Which of the following ****oes NOT qualify as stolen property?" un****er s4 Theft Act * is:
b. Wil**** flowers, unless picke**** to be sol**** commercially.
Wil****flowers are not consi****ere**** property capable of being stolen unless they are picke**** for commercial purposes.
The best answer to the question "Which of the following ****oes NOT qualify as stolen property?" un****er s4 Theft Act * is:
b. Wil**** flowers, unless picke**** to be sol**** commercially.
Wil****flowers are not consi****ere**** property capable of being stolen unless they are picke**** for commercial purposes.
Can someone be liable for stealing her own car if she takes it, without paying, from the garage where she ha**** place**** it for repair?
Question 5Select one:
a.
Yes. The car belongs to the garage until the owner pays for the repair.
b.
No. Taking her own car is not theft. However, she may be liable for stealing the payment she owes the garage.
c.
The courts resolve**** this issue by ****eci****ing the ****efen****ant shoul**** not have be charge**** with theft as per s1 TA * but with obtaining services ****ishonestly as per s11 of the Frau**** Act *.
****.
The courts have left this issue unresolve****.
Case Rating: *
The correct answer is:
c. The courts resolve**** this issue by ****eci****ing the ****efen****ant shoul**** not have been charge**** with theft as per s1 TA * but with obtaining services ****ishonestly as per s11 of the Frau**** Act *.
The correct answer is:
c. The courts resolve**** this issue by ****eci****ing the ****efen****ant shoul**** not have been charge**** with theft as per s1 TA * but with obtaining services ****ishonestly as per s11 of the Frau**** Act *.
S3(*) TA * ****efines appropriation as 'any assumption by a person of the rights of an owner'. How have the courts interprete**** the expression 'any assumption'? Choose the best answer.
Question 6Select one:
a.
The ****efen****ant must have assume**** at least two of the owner's rights for appropriation to exist.
b.
This is ****etermine**** not by how many of the owner’s rights the ****efen****ant has assume****, but by the ****efen****ant's state of min****.
c.
'Any assumption' means that the ****efen****ant appropriates when s/he assumes just one of the owner’s rights.
****.
'Any assumption' means that the ****efen****ant has assume**** all of the owner’s rights.
Case Rating: *
Base**** on the given context, the best answer to the question about how the courts have interprete**** the expression "any assumption" in S3(*) TA * is:
c. 'Any assumption' means that the ****efen****ant appropriates when s/he assumes just one of the owner’s rights.
Woul**** you like any further clarification or assistance with another legal question?
Base**** on the given context, the best answer to the question about how the courts have interprete**** the expression "any assumption" in S3(*) TA * is:
c. 'Any assumption' means that the ****efen****ant appropriates when s/he assumes just one of the owner’s rights.
Woul**** you like any further clarification or assistance with another legal question?
S8(*) TA * requires D to 'seek to put any person in fear of being then an**** there subjecte**** to force'. D threatens V with a gun. Unbeknown to D, V knows it is a replica gun. Has D committe**** robbery? Choose the best answer.
Question 2Answer
a.
D is unlikely to have committe**** robbery because D ****oes not aim to put V in fear of force.
b.
D will have sought to put V in fear of use of force, even if V knows it is a replica gun an**** ****oes not apprehen**** force.
c.
D will have sought to put V in fear of use of force only if it can be proven that V will apprehen**** force.
Case Rating: *
The best choice is:
b. D will have sought to put V in fear of use of force, even if V knows it is a replica gun an**** ****oes not apprehen**** force.
Woul**** you like any further assistance with this or another legal question?
The best choice is:
b. D will have sought to put V in fear of use of force, even if V knows it is a replica gun an**** ****oes not apprehen**** force.
Woul**** you like any further assistance with this or another legal question?
Joe is walking in the street loosely hol****ing his laptop bag. D ri****es his motocycle an**** quickly takes the laptop bag. Joe is not hurt. Coul**** D be criminally liable for robbery? Choose the best answer.
Question 3Answer
a.
Of course D is not liable. Joe is unhurt!!
b.
D is liable because s/he touche**** Joe when taking the bag.
c.
D will be liable for robbery only if the prosecution can prove that s/he touche**** Joe while snatching the bag.
****.
D is not liable because there is evi****ence that s/he ****i**** not touch Joe when taking the bag.
Case Rating: *
The best answer is:
c. D will be liable for robbery only if the prosecution can prove that s/he touche**** Joe while snatching the bag.
This is because, un****er the law, robbery involves the use or threat of force ****uring the theft. The key factor is whether Joe was touche**** or put in fear of force.
Woul**** you like further explanation or have any other legal questions?
The best answer is:
c. D will be liable for robbery only if the prosecution can prove that s/he touche**** Joe while snatching the bag.
This is because, un****er the law, robbery involves the use or threat of force ****uring the theft. The key factor is whether Joe was touche**** or put in fear of force.
Woul**** you like further explanation or have any other legal questions?
S8(*) TA * requires that D 'uses force on any person or puts or seeks to put any person in fear of being then an**** there subjecte**** to force'. D threatens V with a gun. V is not afrai****. Has D put V in fear of being subjecte**** to force as per s8(*) TA? Choose the best answer.
Question 4Answer
a.
D has not put V in fear because V is not afrai**** an**** ****oes not apprehen**** force.
b.
D has not committe**** robbery because there is evi****ence in the scenario that V apprehen****s force.
c.
D may have put V in fear of force if V apprehen****s the use of force, even if V is not afrai****.
****.
D has not committe**** robbery because V is not afrai****.
Case Rating: *
Base**** on s8(*) TA *, the best answer is:
c. D may have put V in fear of force if V apprehen****s the use of force, even if V is not afrai****.
This is because the law focuses on the ****efen****ant's intent to seek to put the victim in fear of force, regar****less of the victim's actual state of min****.
Woul**** you like further explanation or have any other legal questions?
Base**** on s8(*) TA *, the best answer is:
c. D may have put V in fear of force if V apprehen****s the use of force, even if V is not afrai****.
This is because the law focuses on the ****efen****ant's intent to seek to put the victim in fear of force, regar****less of the victim's actual state of min****.
Woul**** you like further explanation or have any other legal questions?
In some cases, ****efen****ants en**** up aban****oning the property they ha**** appropriate****. Accor****ing to the Court of Appeal in Mitchell [*] EWCA Crim *, how shoul**** it be ****etermine**** whether ****efen****ants in such cases inten****e**** to permanently ****eprive the owner of the property? Choose the best answer.
Question 5Select one:
a.
The ****efen****ants’ intention is ****etermine**** in light of whether or not they ha**** lie**** to the owner when appropriating her/his property.
b.
The ****efen****ants’ intention is ****etermine**** in light of the circumstances of the inten****e**** aban****onment.
c.
The ****efen****ants’ intention is ****etermine**** in light of their belief that they coul**** later take the property again from where they aban****one**** it.
Case Rating: *
b. The ****efen****ants’ intention is ****etermine**** in light of the circumstances of the inten****e**** aban****onment.
Woul**** you like further clarification or assistance with another legal question?
b. The ****efen****ants’ intention is ****etermine**** in light of the circumstances of the inten****e**** aban****onment.
Woul**** you like further clarification or assistance with another legal question?
Joe appropriates property belonging to another. After realising the property is not worth stealing, Joe returns it. Coul**** Joe be liable for theft? Choose the best answer.
Question 6Select one:
a.
Yes, because when Joe appropriate**** the property, he inten****e**** to permanently ****eprive the owner of it.
b.
No, because he ****i**** not permanently ****eprive the owner of the property.
c.
No, because he initially appropriate**** the property on the assumption that it was worth more.
Case Rating: *
The best answer to the question is:
a. Yes, because when Joe appropriate**** the property, he inten****e**** to permanently ****eprive the owner of it.
Woul**** you like any further clarification or assistance with another legal question?
The best answer to the question is:
a. Yes, because when Joe appropriate**** the property, he inten****e**** to permanently ****eprive the owner of it.
Woul**** you like any further clarification or assistance with another legal question?
An accomplice nee****s intention to participate. What is the ****efinition of intention here? Choose the best answer.
Question 1Select one:
a.
A person cannot be liable as an accomplice to an offence if they have ****irect intention as to their own con****uct.
b.
A's intention to participate can be either ****irect intention or oblique intention.
c.
To be eligible for the with****rawal ****efence, accomplices must have communicate**** their with****rawal clearly to the principal offen****er(s), where reasonable an**** practical.
Case Rating: *
The best answer to the ****efinition of intention for an accomplice is:
b. A's intention to participate can be either ****irect intention or oblique intention.
If you have any other legal questions or nee**** further assistance, feel free to ask!
The best answer to the ****efinition of intention for an accomplice is:
b. A's intention to participate can be either ****irect intention or oblique intention.
If you have any other legal questions or nee**** further assistance, feel free to ask!
Timon is beating Pumbaa. Simba intentionally enters the room to watch the fight. Does Simba’s presence in the room amount to participation as an accomplice to battery?
Question 2Select one:
a.
Not necessarily. It ****epen****s on the circumstances.
b.
The courts have not a********resse**** this issue.
c.
Yes, Simba's presence is sufficient to constitute participation.
Case Rating: *
Simba’s presence in the room while Timon is beating Pumbaa ****oes not automatically make him an accomplice to battery. It ****epen****s on whether Simba’s presence can be interprete**** as assisting or encouraging the battery. Courts look at the circumstances to ****etermine if there is an intention to participate.
Woul**** you like more information on the criteria courts use to ****etermine accomplice liability?
Simba’s presence in the room while Timon is beating Pumbaa ****oes not automatically make him an accomplice to battery. It ****epen****s on whether Simba’s presence can be interprete**** as assisting or encouraging the battery. Courts look at the circumstances to ****etermine if there is an intention to participate.
Woul**** you like more information on the criteria courts use to ****etermine accomplice liability?
Timon is beating Pumbaa. Simba intentionally enters the room to watch the fight. Does Simba’s presence in the room amount to participation as an accomplice to battery?
Question 2Select one:
a.
Not necessarily. It ****epen****s on the circumstances.
b.
The courts have not a********resse**** this issue.
c.
Yes, Simba's presence is sufficient to constitute participation.
Case Rating: *
Simba's presence alone ****oes not automatically make him an accomplice to battery. Courts will consi****er whether his presence can be seen as assisting or encouraging the battery, an**** the specific circumstances matter.
If you have further questions or nee**** clarification, feel free to ask!
Simba's presence alone ****oes not automatically make him an accomplice to battery. Courts will consi****er whether his presence can be seen as assisting or encouraging the battery, an**** the specific circumstances matter.
If you have further questions or nee**** clarification, feel free to ask!
Accor****ing to s.* Accessories an**** Abettors Act *, D can be liable as accessory if D has ai****e**** an**** abette**** P to commit the offence. What is the best way to ****escribe these notions of ai****ing an**** abetting?
Question 3Select one:
A.
To cause P (principal offen****er) to commit the offence.
B.
To be present at the scene of the principal offence.
C.
To assist an**** encourage.
Case Rating: *
The best answer to ****escribe the notions of ai****ing an**** abetting un****er s.* Accessories an**** Abettors Act * is:
C. To assist an**** encourage.
The best answer to ****escribe the notions of ai****ing an**** abetting un****er s.* Accessories an**** Abettors Act * is:
C. To assist an**** encourage.
In which of these circumstances ****oes the principal offen****er’s acquittal automatically make the accomplice not liable for the principal's offence?
Question 4Select one:
a.
The principal offen****er is acquitte**** ****ue to having a ****efence.
b.
When the principal offen****er is acquitte**** ****ue to not having the mens rea of the offence.
c.
When the principal offen****er is acquitte**** ****ue to not committing the actus reus of the offence.
Case Rating: *
To answer your question, the principal offen****er’s acquittal automatically makes the accomplice not liable for the principal's offence in this circumstance:
c. When the principal offen****er is acquitte**** ****ue to not committing the actus reus of the offence.
To answer your question, the principal offen****er’s acquittal automatically makes the accomplice not liable for the principal's offence in this circumstance:
c. When the principal offen****er is acquitte**** ****ue to not committing the actus reus of the offence.
Which of the following statements is false?
Question 5Select one:
a.
An omission to intervene cannot amount to participation. A positive act is require****.
b.
An omission to intervene may amount to either assisting or encouraging where the ****efen****ant is expecte**** to exercise control over the principal offen****er.
c.
An omission to intervene may amount to either assisting or encouraging where the ****efen****ant has a ****uty to act.
Case Rating: *
To answer your question, the false statement among the options is:
a. An omission to intervene cannot amount to participation. A positive act is require****.
An omission can amount to participation if there is a ****uty to act or the ****efen****ant has control over the principal offen****er.
To answer your question, the false statement among the options is:
a. An omission to intervene cannot amount to participation. A positive act is require****.
An omission can amount to participation if there is a ****uty to act or the ****efen****ant has control over the principal offen****er.