A-Level OCR Property Offences Flashcards
What type of offence is Theft?
Triable-either-way (Can be tried in either the Magistrates’ court or the Crown Court.
What is the maximum sentence for a charge of theft?
7 Years
What act is the AR of Theft defined under?
s.1 Theft act 1968
What is the AR of Theft?
“The dishonest approbation of property belonging to another with the intent to permanently deprive.”
What is the first element of the AR of Theft that needs to be applied and defined and which section does it come under?
“Approbation” - s.3 of the Theft Act 1968
“Assumption of the rights of the owner”
What was the outcome of Morris and what does it come under?
Morris: s.3 Theft act - Approbation
Took 2 tags in a supermarket and swapped them over so he didn’t have to pay as much
HELD: Liable as he ‘assumed the rights of the owner’
What was the outcome of Lawrence and what does it come under?
Lawrence: s.3 Theft act - Approbation
Taxi driver took more than the fare from an Italian student
HELD: The student only consented to the fare being taken from his wallet, so despite the consent there was still an approbation
What is the second element of Theft you have to describe and apply and which section does it fall under?
“Property” - s.4 Theft act 1968
Which items are NOT property according to s.4 of the Theft act?
Wild plants (Unless sold for profit) Wild animals (Unless in captivity) Information (Unless personal)
What was the outcome of Oxford and Moss and what does it come under?
Oxford and Moss: s.4 Theft act - Property
D took the answers to an exam from the school
HELD: Information was not property, so there was no theft
That is the third element of the theft act that you have to describe and apply and which section does it fall under?
“Belonging to another” - s.5 Theft act 1968
What was the outcome of Turner and what does it come under?
Turner: s.5 Theft act - Belonging to another
D took his car back from a garage without paying for the repairs that they did to it
HELD: It was a theft as the garage were in ‘possession and control’ of the vehicle at the time.
Which subsection of s.5 of the Theft act states that property needs to be dealt with according to the wishes of the owner to avoid Theft?
s.5 (3)
What was the outcome of Davidge v Bunnett and what does it come under?
Davidge v Bunnett: s.5(3) Theft act - belonging to another + deal with the property in a certain way
D took the money V gave him to pay for bills and spent it on Christmas presents
HELD: the money was still in possession of the owner and D should’ve dealt with it as he wished.
What are the situations in which D will be liable for theft in s5(4)
- Given extra change after a sale
2. Given extra wages under a contract of employment
What is the first part of the MR of Theft and which section does it come under?
s.2 - Dishonesty
Which scenarios would lead the D not to be dishonest?
- If he believes he has a legal right to the property
- If he believes the owner would’ve allowed him to have the property (Holden)
- If he believes the owner could not be found after taking reasonable steps
What was the outcome of Holden and what does it come under?
Holden: s.2 Theft act - Dishonest
D was told that the workers could take the tires home from kwikfit
HELD: D believed the owner (kwikfit) would have allowed him to take the property so there was no dishonesty
What was the outcome of Ivy v Genting Casinos and what does it come under?
Ivy v Genting Casinos: s.2 Theft act - Dishonesty
D used dishonest gambling methods to take money from the casino
HELD: that the reasonable man would regard his actions as being dishonest
What is the Ivy test for dishonesty?
“Would the reasonable man regard D’s actions as dishonest?” (Objective)
What is the second element of the MR of Theft and which section does it fall under?
Intention to permanently deprive - s.6 Theft act 1968
What was the outcome of Velumyl and what does it come under?
Velumyl: s.6 Theft act - ITPD
He took money from a safe and then returned it when he had won it back
HELD The original notes were still taken to there was and intent to permanently deprive the owner of the original notes
What was the outcome of Lloyd and what does it come under?
Lloyd: s.6 Theft act - ITPD
D took a film reel from the cinema and copied it several times, before returning it after he had finished
HELD: There was no ITPD and so D could not be liable for theft
What is conditional intent (Theft ITPD)
Conditional intent involves the D looking if there are any items worth stealing -this is not a theft as there is not yet an ITDP
What was the outcome of Easom and what does it come under?
Easom: s.6 theft act - ITPD
D rummaged around in a bag but stole nothing
HELD D had conditional intent but did not take property, so it could not be proven there was an ITPD
What type of offence is robbery?
Indictable
What is the maximum sentence for robbery?
Life
What section of the Theft act 1968 defines Theft?
s.8 Theft act 1968
What is the definition of theft in s.8 Theft act 1968
“A person is guilty of robbery if he steals and immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force”
What is the first element of the actus reus of robbery?
“Steals”
What was the outcome of Corcoran v Anderton and what does it come under?
Corcoran v Anderton: s.8 Theft act - “Steals”
D tried to steal a handbag but dropped it after attempting to escape
HELD: Liable as it is not necessary for the D to ‘get away’ with the property
What is the second element of the AR of Robbery?
“Force or threat of force”
What was the outcome of Dawson and James and what does it come under?
Dawson and James: s.8 theft act 1968
D nudged V so that their wallet was more easily accessible
HELD: Force can be indirect
What was the outcome of P v DPP and what does it come under?
P v DPP: s.8 Theft act - “force”
D took a cigarette from V’s mouth
HELD: The
What was the outcome of Morris and what does it come under?
