2020-theft/robbery/burgulary Flashcards
What is the definition of theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving
What is appropriation
Taking on rights of owner
Eg destroying property
Selling on property
Taking it
R v Morris ( appropriation case )
2 ds caught switching price labels in supermarket, still appropriation theft before attempting to buy
Lawrence v commissioner for MP. ( appropriation)
Foreign tourist offers wallet to taxi driver to take money for short trip, taxi driver takes £6 when it was only 60p. Guilty still as only given permission to take correct amount
R v Gomez (appropriation)
Manager and his friends use fake cheques to steal £16,000 worth of goods. Guilty still as the argument of consent failed
R v hinks (appropriation)
Woman deceives older man into giving her £60,000. Argued he was giving it to her but failed
Why did R v atakpu fail ( appropriation)
Theft is not a continuing act and the crime was committed abroad
What comes under property
Money- coins and notes
Real property- term for lands and buildings
Personal property- all moveable items even a corpse
Things in action- cheques
Intangible property- patents, exam paper Qs
R v Kelly and Lindsay (property)
Women sculpts dead bodies when only given permission to draw
LP- court decided it was property
Attorney general for Hong Kong v chan Nai-keung
Property
Held that a licence was property
Oxford v Moss ( property)
Knowledge of exam paper not property, would have been if he intended to take paper permanently
What cannot be stolen
animals and plants from the wild unless done for resale
Who classes as “belonging to another”
covers wide defintion
owner, someone who has control over property at a certain time, can be when item was stolen.
R V Turner (belonging to another)
D steals car from garage so he doesnt have to pay for repairs- shows you can steal from yourself
Woodman (belonging to another)
Someone can be owner of property even although they are unaware it is on their land
Webster (belonging to another)
Army Sgt sells duplicate medal on ebay. MOD still had proprietary intrest and therefore theft
Hall (belonging to another)
Travel agent deposits money for customers into general store account and doesn’t manage to book tickets. not under obligation to deal with tickets in certain way
Klineberg and Marsden (belonging to another)
had clear obligation to deal with moeny certain way- guilty of theft
Davidge v Bunnett (belonging to another)
given money for gas bill and spends on xmas presents. informal but still given under obligation
Attorney General’s Reference 1985 (belonging to another)
guilty to return money she was overpayed and she acted dishonestly.
R v gilks (belonging to another)
betting transactions not enforcable by law so not guilty of theft.
what are the three ways stated in the theft act which do not classify as dishonesty
s 2 1a- believe has right to deprive on behalf of themselves or third party
s 2 1b- thought they would have Ds consent if they knew of appropriation
s 2 1c-if person can’t be reached taking reasonable steps.
R V Holden shows
s 2 1 b- he believed he would have been given tires from the supervisor
R v Robinson shows
s 2 1 a- believed he had the right to £5 note
R v small shows
s 2 1 c- believed the cars owner couldn’t be found
what test can be relied upon if theft act does not cover D’s “dishonest” actions
the ghosh test
what did the ghost test create
subjective and objective test
what is the objective test
was the actions dishonest according to reasonable and honest people
what is the subjective test
did D realise what he had done was wrong
what may ivey v genting casinos change
the subjective aspect of the ghosh test. However this is uncertain as it was a civil case
what is the last aspect of theft
intention to permanently deprive
what does intention to permanently deprive mean
D must have the intention to deprive the owner of something permanently
R v velumyl
d can have intention to give money back however different notes classes as theft
DPP v Lavender
dealing with property tranferring one door to another property- still theft as didn’t have councils permission
r v easom
no intention that he intended to permanently deprive
what is required for robbery
completed theft
force or fear of force
R v Waters shows
there must be completed theft- missing intention to permanently deprive.
Corcoran v Anderton shows
that although they didnt run off with bag, theft was already complete and violene had been used
who decides whether there was force and which case shows this
the jury r v dawson and james
does taking a bag from someones hand classify as force
yes - R v clouden
what did P v DPP
no touch in any way so no robbery
does D need to fear the violence ( what does B and R v DPP show)
no D only needs to feel that they will be subject to force, and the force can be implied
what does on any person mean
the force does not have to be on the victim of the theft , eg a bank robber threatening to kill a customer to get money
what must force be
immediatly before or at the time of theft
r v hale
even though they tied v up afterwards, still robbery as it was in order to committ theft
r v lockley
argued that force was after completed theft. guilty as was done in order to escape.
what issues do r v hale and r v lockley raise
whether it is classed as theft or robbery if force was after the theft.
what is the mens rea for robbery
mr for theft
intention to use force to steal
what is 9 1 a burgulary
enter building as trespasser
with intent to- steal, inflict gbh, do unlawful damage
what is 9 1 b burgulary
having entered building as trespasser they
steal or attempt to steal
inflict or attempt to inflict gbh
what do 9 1 a/b do
create different ways of committing burgulary
what has the rules of entry been changed to in burgulary
“effective and substantial entry” - r v collins
“effective”- r v brown
evidence for jury to find d had entered - r v ryan
what happened in r v brown
d stood outside shop and took clothes from window, his feet had not entered
not substantail entry but there was effective
what happened in r v ryan
man got trapped in window trying to burgle house
court gave jury ability to find guilty
are house boats and caravans included in theft act for burgulary
yes
what did r v rodmell show
stealing from someones shed is still burgulary although may be less serious then someones house
what does B and S leathly show
25 foot long freezer was classed as building as had electricity and doors and locks
what does Norfolk constabulary v seekings and gould show
trailer was not building as it has wheels
what does part of a building cover
when someone has permission for one area but not another.
what does R v walkington
guilty as he had went behind counter top which is a trespass.
which case shows someone having permission to enter
r v collins- man still had permission even though person thought he was someone else, he was not reckless to entering property without anothers consent and was nto knowing he was a trespasser
what is going beyond permission
going beyond exceeded permission to be in a building
what is mr for burgulary
D must know or be reckless to being a trespasser
plus either intention to committ GBH, theft, CD at point of entry
or mr for theft or GBH while committing/attempting these offences in the building.
where are there issues with the law on theft
appropriation
belonging to another
dishonesty
intention to P deprive
what are the issues with appropriation
width of acts considered
one point in time- impacts robbery
being able to appropriate even if owner has consented
civil and criminal law conflicting on gifts
links to dishonesty
what are the issues with belonging to another
the case of Turner is confusing and the law regarding who has ‘control’ can be confusing
what are the issues with dishonesty
use of ghost test- more longer trials, many have different views on what is reasonable
impact of Ivey v Genting- confusing to whether part 2 is still relevant
what are the issues with Robbery
element of theft- continuing act, needs completed theft unlike burglary
low degree of force which is subjective
what are the issues with Burgulary
protection of property over people
would be logical to include criminal damage under 91b
conditional intention has been argued to be unfair
lack of definitions for building and part of a building
main issue with trespasser is exceeding permission
