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#Law crime and legal s > 2020-theft/robbery/burgulary > Flashcards

2020-theft/robbery/burgulary Flashcards

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1
Q

What is the definition of theft

A

Dishonest appropriation of property belonging to another with the intention of permanently depriving

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2
Q

What is appropriation

A

Taking on rights of owner
Eg destroying property
Selling on property
Taking it

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3
Q

R v Morris ( appropriation case )

A

2 ds caught switching price labels in supermarket, still appropriation theft before attempting to buy

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4
Q

Lawrence v commissioner for MP. ( appropriation)

A

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

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5
Q

R v Gomez (appropriation)

A

Manager and his friends use fake cheques to steal £16,000 worth of goods. Guilty still as the argument of consent failed

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6
Q

R v hinks (appropriation)

A

Woman deceives older man into giving her £60,000. Argued he was giving it to her but failed

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7
Q

Why did R v atakpu fail ( appropriation)

A

Theft is not a continuing act and the crime was committed abroad

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8
Q

What comes under property

A

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

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9
Q

R v Kelly and Lindsay (property)

A

Women sculpts dead bodies when only given permission to draw
LP- court decided it was property

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10
Q

Attorney general for Hong Kong v chan Nai-keung

Property

A

Held that a licence was property

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11
Q

Oxford v Moss ( property)

A

Knowledge of exam paper not property, would have been if he intended to take paper permanently

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12
Q

What cannot be stolen

A

animals and plants from the wild unless done for resale

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13
Q

Who classes as “belonging to another”

A

covers wide defintion

owner, someone who has control over property at a certain time, can be when item was stolen.

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14
Q

R V Turner (belonging to another)

A

D steals car from garage so he doesnt have to pay for repairs- shows you can steal from yourself

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15
Q

Woodman (belonging to another)

A

Someone can be owner of property even although they are unaware it is on their land

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16
Q

Webster (belonging to another)

A

Army Sgt sells duplicate medal on ebay. MOD still had proprietary intrest and therefore theft

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17
Q

Hall (belonging to another)

A

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

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18
Q

Klineberg and Marsden (belonging to another)

A

had clear obligation to deal with moeny certain way- guilty of theft

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19
Q

Davidge v Bunnett (belonging to another)

A

given money for gas bill and spends on xmas presents. informal but still given under obligation

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20
Q

Attorney General’s Reference 1985 (belonging to another)

A

guilty to return money she was overpayed and she acted dishonestly.

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21
Q

R v gilks (belonging to another)

A

betting transactions not enforcable by law so not guilty of theft.

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22
Q

what are the three ways stated in the theft act which do not classify as dishonesty

A

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.

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23
Q

R V Holden shows

A

s 2 1 b- he believed he would have been given tires from the supervisor

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24
Q

R v Robinson shows

A

s 2 1 a- believed he had the right to £5 note

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25
Q

R v small shows

A

s 2 1 c- believed the cars owner couldn’t be found

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26
Q

what test can be relied upon if theft act does not cover D’s “dishonest” actions

A

the ghosh test

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27
Q

what did the ghost test create

A

subjective and objective test

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28
Q

what is the objective test

A

was the actions dishonest according to reasonable and honest people

29
Q

what is the subjective test

A

did D realise what he had done was wrong

30
Q

what may ivey v genting casinos change

A

the subjective aspect of the ghosh test. However this is uncertain as it was a civil case

31
Q

what is the last aspect of theft

A

intention to permanently deprive

32
Q

what does intention to permanently deprive mean

A

D must have the intention to deprive the owner of something permanently

33
Q

R v velumyl

A

d can have intention to give money back however different notes classes as theft

34
Q

DPP v Lavender

A

dealing with property tranferring one door to another property- still theft as didn’t have councils permission

35
Q

r v easom

A

no intention that he intended to permanently deprive

36
Q

what is required for robbery

A

completed theft

force or fear of force

37
Q

R v Waters shows

A

there must be completed theft- missing intention to permanently deprive.

38
Q

Corcoran v Anderton shows

A

that although they didnt run off with bag, theft was already complete and violene had been used

39
Q

who decides whether there was force and which case shows this

A

the jury r v dawson and james

40
Q

does taking a bag from someones hand classify as force

A

yes - R v clouden

41
Q

what did P v DPP

A

no touch in any way so no robbery

42
Q

does D need to fear the violence ( what does B and R v DPP show)

A

no D only needs to feel that they will be subject to force, and the force can be implied

43
Q

what does on any person mean

A

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

44
Q

what must force be

A

immediatly before or at the time of theft

45
Q

r v hale

A

even though they tied v up afterwards, still robbery as it was in order to committ theft

46
Q

r v lockley

A

argued that force was after completed theft. guilty as was done in order to escape.

47
Q

what issues do r v hale and r v lockley raise

A

whether it is classed as theft or robbery if force was after the theft.

48
Q

what is the mens rea for robbery

A

mr for theft

intention to use force to steal

49
Q

what is 9 1 a burgulary

A

enter building as trespasser

with intent to- steal, inflict gbh, do unlawful damage

50
Q

what is 9 1 b burgulary

A

having entered building as trespasser they
steal or attempt to steal
inflict or attempt to inflict gbh

51
Q

what do 9 1 a/b do

A

create different ways of committing burgulary

52
Q

what has the rules of entry been changed to in burgulary

A

“effective and substantial entry” - r v collins
“effective”- r v brown
evidence for jury to find d had entered - r v ryan

53
Q

what happened in r v brown

A

d stood outside shop and took clothes from window, his feet had not entered
not substantail entry but there was effective

54
Q

what happened in r v ryan

A

man got trapped in window trying to burgle house

court gave jury ability to find guilty

55
Q

are house boats and caravans included in theft act for burgulary

A

yes

56
Q

what did r v rodmell show

A

stealing from someones shed is still burgulary although may be less serious then someones house

57
Q

what does B and S leathly show

A

25 foot long freezer was classed as building as had electricity and doors and locks

58
Q

what does Norfolk constabulary v seekings and gould show

A

trailer was not building as it has wheels

59
Q

what does part of a building cover

A

when someone has permission for one area but not another.

60
Q

what does R v walkington

A

guilty as he had went behind counter top which is a trespass.

61
Q

which case shows someone having permission to enter

A

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

62
Q

what is going beyond permission

A

going beyond exceeded permission to be in a building

63
Q

what is mr for burgulary

A

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.

64
Q

where are there issues with the law on theft

A

appropriation
belonging to another
dishonesty
intention to P deprive

65
Q

what are the issues with appropriation

A

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

66
Q

what are the issues with belonging to another

A

the case of Turner is confusing and the law regarding who has ‘control’ can be confusing

67
Q

what are the issues with dishonesty

A

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

68
Q

what are the issues with Robbery

A

element of theft- continuing act, needs completed theft unlike burglary
low degree of force which is subjective

69
Q

what are the issues with Burgulary

A

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

#Law crime and legal s (23 decks)

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