criminal law- Theft

Question 1

What act states the definition of theft

Answer 1

s1 of the Theft Act 1968

Question 2

What is the definition of theft

Answer 2

‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’

Question 3

Theft MR

Answer 3

• Dishonesty

- Intention to permanently deprive

Question 4

Theft AR

Answer 4

• Appropriation
• Property
• Belonging to another

Question 5

what act governs appropriation

Answer 5

s3 of the Theft Act

Question 6

what act governs property

Answer 6

s4

Question 7

what act governs belonging to another

Answer 7

s5

Question 8

what act governs dishonesty

Answer 8

s2

Question 9

what act governs intention to permanently deprive

Answer 9

s6

Question 10

Appropriation 2 key cases

Answer 10

• R v Morris 1983

- R v Gomez 1993

Question 11

R v Morris 1983 LP

Answer 11

The court held that there does not have to be an assumption of all of the rights of the owner. The assumption of any of the rights of the owner will suffice

Question 12

R v Gomez 1993

Answer 12

An appropriation does not need absence of consent

Question 13

Property- Attorney General’s reference (1985)

Answer 13

In this type of case there is an obligation to make restoration. If there is a dishonest intention not to make restoration, the case would be theft

Question 14

Belonging to another- R v Turner (no2)(1971)

Answer 14

It is possible for someone to be convicted of stealing property that they own, if someone else has possession or control of it

Question 15

Dishonesty- what are the 3 examples that would not be classed as dishonest

Answer 15

• The D believed they had a right to deprive the other of the property
• The D believed the other would have consented if they knew of the appropriation and the circumstances
• The person to whom the property belongs to cannot be traced by taking reasonable steps

Question 16

Dishonesty- what test is used

Answer 16

A subjective test is used and the D has to have a genuine belief to be considered not dishonest, even if the belief is unreasonable.

Question 17

R v Ghosh (1982)- what does the test attempt to answer

Answer 17

• Were the actions of the D dishonest by the standards of reasonable and honest people, and if so
• Did the D know it was dishonest by those standards

Question 18

R v Ghosh (1982) LP

Answer 18

-The Ghosh test for dishonesty starts with an objective element followed by a subjective element

Question 19

Intention to deprive

R v Lavender (1994) LP

Answer 19

Treating the property as his own regardless of ownership amounted to an intention to permanently deprive

Question 20

what act governs robbery

Answer 20

s8 of the Theft Act 1968

Question 21

What is the definition of robbery

Answer 21

‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person’

-Robbery is the use of force, or the threatening of force, to commit a theft

Question 22

what is the maximum sentence for theft

Answer 22

7 years imprisonment

Question 23

Robbery

R v Robinson 1997

Answer 23

All of the elements of theft have to be present for a conviction of robbery

Question 24

Robbery

R v Clouden 1987

Answer 24

The jury decides on what amounts to force, but the amount of force used can be small. Force must be used. The threat of force can be explicit or implied by gestures.

Question 25

Robbery

Smith v Desmond 1965

Answer 25

The House of Lords ruled that the D had rightly been convicted of robbery. The force can be directed at any person and not necessarily at the owner of the property

Question 26

Robbery

R v Lockley 1995

Answer 26

Theft can be classed as a continuing act.

There must be a threat of use of force immediately before at the time of the stealing.

Question 27

what section is burglary

Answer 27

s9

Question 28

Burglary

what is s9(1)(a)

Answer 28

A person is guilty of burglary if they enter a building or part of a building as a trespasser with intent to steal or to inflict or attempt to inflict GBH or to do unlawful damage

Question 29

Burglary

what is s9(1)(b)

Answer 29

A person is guilty of burglary if, having entered any building or part of a building, they steal or inflict GBH

Question 30

what is the AR of burglary

Answer 30

The D must enter the building as a trespasser

Question 31

Burglary

R v Ryan 1996 LP

Answer 31

Entry could involve part of the body and does not depend on whether enough of the body was inside

Question 32

Burglary

R v Walkington 1979 LP

Answer 32

A lawful customer becomes a trespasser when entering an unauthorised area such as behind a till

Question 33

Burglary

R v Collins 1972

Answer 33

If a D honestly believed he had consent to enter the building, they cannot be a trespasser

Question 34

Burglary

what is the MR for s9(1)(a)

Answer 34

The D must have had an intention to commit one of the offences listed at the time of entering the building (intend to steal or inflict GBH or do unlawful damage)

Question 35

Burglary

what is the MR for s9(1)(b)

Answer 35

The D must have the MR for the theft or GBH and know they are trespassing

Question 36

Burglary

what is the max sentence for burglary dwelling

Answer 36

14 years’ imprisonment (if dwelling) or 10 years if not a dwelling