Criminal Law

Question 1

What are the elements of theft under section 1 of the Theft Act 1968?

Answer 1

Dishonest appropriation of the property of another with intent to permanently deprive them of it

Question 2

What is appropriation?

Answer 2

Any assumption of any right of the owner relating to the property

Question 3

In a shop, when does appropriation occur?

Answer 3

When the item is picked up, even if no mens rea at that time

Question 4

Can the actus reus and mens rea occur at separate times and still make out the offence of theft?

Answer 4

Yes, as long as there is coincidence of the two at some point

Question 5

What are three specific situations in which a person would still be deemed to take property belonging to another?

Answer 5

1. Stealing from co-owners or co-partners
2. Director stealing from their company
3. Owner taking back an item impliedly left on trust for services rendered

Question 6

When is intent determined, and what should this not be confused with?

Answer 6

Intent is determined at the time of appropriation, such that if there is coincidence of the actus reus and mens rea at this time, the offence is committed, even if the defendant changes their mind later.

This should not be confused with the fact that where there is no coincidence of actus reus and mens rea at the time of appropriation, the offence can still be committed later if the mens rea occurs. This is because appropriation is a continuing act.

Question 7

What is the two part test for dishonesty?

Answer 7

1. Ascertain what facts the defendant knew (subjective), and then
2. Judge whether the behaviour based on this knowledge was objectively dishonest

Question 8

What are three situations where the defendant will not be deemed to be dishonest?

Answer 8

Where the defendant believes they:

1. Have a right to the property in law
2. Would have the owner’s consent, or
3. Owner could not be discovered taking reasonable steps

Question 9

When is robbery committed under section 8?

Answer 9

When a defendant commits theft, and immediately before or at the same time, they use force or put a victim (or any other person) in fear of force in order to steal

Question 10

What are the three ways the element of force is satisfied for robbery?

Answer 10

1. Inflict force
2. Cause apprehension of force
3. Intend to cause apprehension of force

Question 11

What topics does the full Criminal Law deck contain, and how do I access it?

Answer 11

The full deck contains over 170 flashcards dealing with the SRA syllabus:

• Burden and Standards of Proof;
• Homicide Offences;
• Non-Fatal Offences Against the Person;
• Offences under the Theft Act;
• Fraud Offences;
• Criminal Damage Offences;
• Parties to a Crime;
• Inchoate/Incomplete Offences;
• Criminal Capacity and Defences.

Access is currently £25 per full subject, e.g. Criminal Law, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.