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Law Paper 1 > 2. Property Offences > Flashcards

2. Property Offences Flashcards

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1
Q

What are the steps to success for theft?

A
  1. define theft
  2. appropriation
  3. property
  4. property belonging to another
  5. dishonesty
  6. ITPD
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2
Q

theft
what section and act is theft under?

A

s.1 of theft act (TA) 1968

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3
Q

theft
Definition of theft?

A

dishonest appropriation of property belonging to another with the intention to permanently deprive

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4
Q

theft
What is the section and definition of appropriation?

A

s.3 of TA 1968
assuming the rights of the owner

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5
Q

theft
What is the case for appropriation?

A

Morris
swapped labels in supermarket. Assumed rights of owner by swapping them. G of theft

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6
Q

theft
What is the rule for consent / gifts?
s.3(1)

A

can be appropriation if it’s given out and then becomes appropriation
e.g hires a car and doesn’t return it

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7
Q

theft
What is the rule for s.3(2) of TA?

A

includes keeping property and dealing with it as an owner. Not appropriation if it was received in good faith
e.g D was given stolen goods and wasn’t aware

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8
Q

theft
What is the section and definition of property?

A

S.4 Of TA 1968
money, real or personal property, things in action, intangible property

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9
Q

theft
What is not classed as property?

A

s.4(2) - empty land
s.4(3) - wild plants
s.4(4) - wild animals

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10
Q

theft
What is the case for property?

A

Oxford V Moss
D looked at exam paper but didn’t steal it. NG of theft as information isn’t classed as property

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11
Q

theft
What is the section and definition of property belonging to another?

A

S.5 of TA 1968
who has ownership, possession and control of the item

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12
Q

theft
What is the case for PBA?

A

Turner
D took his car back from garage at night without paying. G of theft as even though he had ownership, the garage had possession and control

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13
Q

theft
What does s.5(3) of TA say?

A

if you are given money/ property for a specific reason and don’t do what asked you’re stealing PBA

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14
Q

theft
What is the case for s.5(3) of TA?

A

Davidge
Friends gave D money to pay the gas bill but he spent it somewhere else. G of theft of the money.

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15
Q

theft
What does s.5(4) of TA 1968 say?

A

if you are given money / property by mistake you are still stealing PBA as you have a duty to return it

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16
Q

theft
what does s.5(4) exclude?

A

Gambling situations when bookies pay out by mistake

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17
Q

theft
what is the section and definition for dishonesty?

A

S.2 of TA 1986
NOT dishonest if :
s.2(1)(a) - believes they have legal right to the property
s.2(1)(b) - believes owner would consent
s.2(1)(c) - believes owner couldn’t be found after taking reasonable steps

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18
Q

theft
What is the case for dishonesty?

A

Barton and Booth
Ds owned care home and convinced residents to give them money

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19
Q

theft
What test did barton and booth establish?

A
  1. Take into account Ds knowledge/belief
  2. Would ORP see it as dishonest
20
Q

theft
What is the section and definition of ITPD?

A

s.6 of TA 1968
- (general) deprives v of item forever
- (money) cant return exact notes/coins
- (borrowed) returns item wholly diminished

21
Q

theft
What is the case for IPDP (borrowed) ?

A

Lloyd
took films, copied then returned them. NG of theft as item was not wholly diminished

22
Q

theft
What is the case for ITPD (money)?

A

Velumyl
D took money from a safe and was going to put money back but G of theft as couldn’t return the exact notes

23
Q

robbery
What are the steps to success for robbery?

A
  1. define robbery
  2. completed theft
  3. force
  4. timing
  5. purpose
  6. MR x2
24
Q

robbery
What is the section of robbery?

A

S.8 of TA 1968

25
Q

robbery
What is the definition of robbery?

A

he steals and immediately before or at the time of doing so, and in order to do so used force or puts a person in fear of being subjected to force

26
Q

robbery
What is theft?

A

must be a completed theft (appropriation, property, PBA, dishonesty, ITPD)

27
Q

robbery
What is the case for theft?

A

Concordan V Anderton
D tried to steal bag, dragged her to the floor doing it. G of robbery

28
Q

robbery
What is the definition of force?

A

Must modify the Vs movement
can be used or threatened

29
Q

robbery
What is the case for force?

A

Dawson and James
D nudged V to pickpocket him. G of robbery as nudge was enough force to modify vs movement

30
Q

robbery
What is the definition of timing?

A

the force must be used immediately before of at the time of the theft

31
Q

robbery
what is the case for timing?

A

Hale
Ds tied up V as they were leaving house. G of robbery as the theft was a continuing act while they were still in the house

32
Q

robbery
What is the definition of purpose?

A

the purpose of the force must be to steal

33
Q

robbery
What is the case for purpose?

A

Donaghy
Pointed gun at taxi driver to make him drive. Stole as he was leaving. NG of robbery purpose of force was not to steal, it was to drive

34
Q

robbery
What is the MR for robbery?

A
  1. Must have intent to steal (ITPD and Dishonesty)
  2. Intention for force / threat ( and recklessness for it)
35
Q

burglary
What is the section for burglary?

A

S.9 of TA 1968

36
Q

burglary
What are the 2 types of burglary?

A

s.9(1)(a) - enters as trespasser with intent to steal / GBH / criminal damage

s.9(1)(b) - enters as trespasser and steals or attempts to and commits GBH or attempts to

37
Q

burglary
What are the steps to success for burglary?

A
  1. define burglary
  2. entry
  3. building
  4. Trespass
  5. MR trespass
  6. MR final offence
38
Q

burglary
What is the definition of entry?

A

any insertion of Ds body

39
Q

burglary
What is the case for entry?

A

Ryan
tried to enter house but got stuck in window. G of burglary as half his body still entered

40
Q

burglary
What is the definition of a building?

A

-fairly permanent
-s.9(4) designed for habitation if a vehicle or vessel

41
Q

burglary
What is the case for building?

A

B&S V leathley
lorry was used as fridge storage. Ds stole from it and were G of burglary as it was fairly permanent because it was connected to electricity and was there for 3 yrs

42
Q

burglary
What is the case for part of a building?

A

Walkington
D reached behind a till to steal money. G of burglary as behind till was a part of a building that was staff only

43
Q

burglary
What is the definition of trespassing?

A
  1. no permission
  2. permission to enter but ventures somewhere prohibited
  3. permission to enter but exceeds given permission
44
Q

burglary
What is the case for Tresspass?

A

Collins
D took clothes off and sat on girls window. She thought it was her boyfriend so let him in. NG of burglary as he had permission to enter

45
Q

burglary
What is the MR for burglary?

A
  1. D must intend to enter as a trespasser
  2. D must intend final offence (theft, GBH, criminal damage)
46
Q

burglary
What is the difference between the types of burglary?

A

s.9(1)(a) - MR formed before entry
s.9(1)(b) - MR formed once inside

Law Paper 1 (3 decks)

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