criminal law- Theft Flashcards
What act states the definition of theft
s1 of the Theft Act 1968
What is the definition of theft
‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’
Theft MR
- Dishonesty
- Intention to permanently deprive
Theft AR
- Appropriation
- Property
- Belonging to another
what act governs appropriation
s3 of the Theft Act
what act governs property
s4
what act governs belonging to another
s5
what act governs dishonesty
s2
what act governs intention to permanently deprive
s6
Appropriation 2 key cases
- R v Morris 1983
- R v Gomez 1993
R v Morris 1983 LP
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
R v Gomez 1993
An appropriation does not need absence of consent
Property- Attorney General’s reference (1985)
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
Belonging to another- R v Turner (no2)(1971)
It is possible for someone to be convicted of stealing property that they own, if someone else has possession or control of it
Dishonesty- what are the 3 examples that would not be classed as dishonest
- 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
Dishonesty- what test is used
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.
R v Ghosh (1982)- what does the test attempt to answer
- 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
R v Ghosh (1982) LP
-The Ghosh test for dishonesty starts with an objective element followed by a subjective element
Intention to deprive
R v Lavender (1994) LP
Treating the property as his own regardless of ownership amounted to an intention to permanently deprive
what act governs robbery
s8 of the Theft Act 1968
What is the definition of robbery
‘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
what is the maximum sentence for theft
7 years imprisonment
Robbery
R v Robinson 1997
All of the elements of theft have to be present for a conviction of robbery
Robbery
R v Clouden 1987
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.
Robbery
Smith v Desmond 1965
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
Robbery
R v Lockley 1995
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.
what section is burglary
s9
Burglary
what is s9(1)(a)
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
Burglary
what is s9(1)(b)
A person is guilty of burglary if, having entered any building or part of a building, they steal or inflict GBH
what is the AR of burglary
The D must enter the building as a trespasser
Burglary
R v Ryan 1996 LP
Entry could involve part of the body and does not depend on whether enough of the body was inside
Burglary
R v Walkington 1979 LP
A lawful customer becomes a trespasser when entering an unauthorised area such as behind a till
Burglary
R v Collins 1972
If a D honestly believed he had consent to enter the building, they cannot be a trespasser
Burglary
what is the MR for s9(1)(a)
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)
Burglary
what is the MR for s9(1)(b)
The D must have the MR for the theft or GBH and know they are trespassing
Burglary
what is the max sentence for burglary dwelling
14 years’ imprisonment (if dwelling) or 10 years if not a dwelling
