Criminal Law - Theft And Robbery

Question 1

Theft is a statutory offence contained in?

Answer 1

Section 1 of the Theft Act 1968.

Question 2

Definition of theft?

Answer 2

Dishonestly appropriating property belonging to another with intention to permanently deprive.

Question 3

What section is appropriation contained in? What are the rights that can be appropriated?

Answer 3

Section 3 Theft Act 1968.
Any assumption of the rights of an owner.
Most common right appropriated is possession. Other rights include the right to use, alter, sell, exchange or offer for sale.

Question 4

Only one right of the owner needs to be assumed. Case?

Answer 4

Morris

Question 5

It need not be proven that the property leaves the possession of the owner in order for an appropriation to be present. Case?

Answer 5

Corcoran v Anderton.

Question 6

Where consent of the owner is obtained by deception there is still an appropriation. Case?

Answer 6

Gomez.

Question 7

What section is property contained in? What does property include?

Answer 7

Section 4 Theft Act 1968.
Property includes money, real (land and property) and personal (anything moveable) property, things in action (funds in a bank account) and other intangible property (patent or copyright).

Question 8

Knowledge/ confidential information does not amount to property and cannot be stolen. Case?

Answer 8

Oxford v Moss.

Question 9

Corpses or body parts do not amount to property. Case?

Answer 9

Kelly v Lindsay.

Question 10

What section is belonging to another contained in? What is regarded as belonging to another?

Answer 10

Section 5 Theft Act 1968.
Property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right.
Property may be regarded as belonging to more than one person at a time.

Question 11

Car taken from garage without paying for repairs. Car would be regarded as belonging to another despite the defendant being the legal owner. The garage had the rights of possession and control until the defendant had paid his bill. Case?

Answer 11

Turner.

Question 12

Property removed from outside a charity shop is theft. Person donating the items still maintains ownership of the property, despite leaving it outside a charity shop, because they maintain a proprietary interest until the charity shop receives it. Case?

Answer 12

Rickets v Basildon MC.

Question 13

Money given to a flatmate to pay bills was still regarded as belonging to another. Money had been received under a legal obligation to deal with in a particular way. Obligation must be a legal one as opposed to a moral one. Case?

Answer 13

Davidge v Bunnett.

Question 14

Travel agents used money from customers for a purpose other than their flights. Money not regarded as belonging to another. It could be proved that there was no obligation to use their money to purchase flights, rather the money was paid into the companies general accounts, the flights were to be purchased at a later date. Obligation must be to deal with the property in a specific way. Case?

Answer 14

Hall.

Question 15

Where a person gets property by another’s mistake, and is under an obligation to make restoration of the property of its proceeds or of the value thereof, then proceeds or property shall be regarded as belonging to the person entitled to restoration. What section?

Answer 15

Section 5(4) Theft Act 1968.

Question 16

Where additional money is paid into an employees bank account by mistake, they would be under a legal obligation to make restoration. Case?

Answer 16

A-G’s Reference.

Question 17

What section is dishonesty contained in? What are the exceptions?

Answer 17

Section 2 Theft Act 1968.
s2(1)(a) believe they have the right to deprive the other of it.
s2(1)(b) believe they would have the others consent.
s2(1)(c) believe the other person whom it belongs to cannot be discovered by taking reasonable steps.

Question 18

Dishonesty is a matter for the jury to decide, they should apply their current standards of ordinary decency to determine if they believe a defendant to be dishonest. Case?

Answer 18

R v Feeley.

Question 19

If none of the exceptions apply what test must be applied?

Answer 19

The Ivey test.

1. What was the defendants actual state of knowledge and belief as to the facts?
2. Was his conduct dishonest by the standards or ordinary decent people?

Question 20

A persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for property. What section?

Answer 20

Section 2(2) Theft Act 1968.

Question 21

It is immaterial whether the appropriation is made with a view to gain or is made for the thief’s own benefit. This means motive of the defendant is irrelevant, it does not matter if the defendant appropriated property in order to benefit someone else. What section?

Answer 21

Section 1(2) Theft Act 1968.

Question 22

What section is intention to permanently deprive contained in? What does it state?

Answer 22

Section 6 Theft Act 1968.
It must be proved that the defendant had intention to treat the property as his own to dispose of, regardless of the others rights.

Question 23

It need be proved that the defendant had intention to deal with the property as your own, regardless of the others rights. Case?

Answer 23

Lavender.

Question 24

Taking property and offering to sell it back to the owner still amounts to an intention to permanently deprive. Case?

Answer 24

Raphael and another.

Question 25

If a person takes money and intends to replace it with the same amount, this will be regarded as an intention to permanently deprive as they will not be returning the same notes. Case?

Answer 25

Velumyl.

Question 26

The taking of property and returning it in a damaged state may be evidence of intention to permanently deprive. Case?

Answer 26

DPP v J and others

Question 27

‘Borrowing and lending’ within s6 meant borrowing the property and keeping it until ‘the goodness, the virtue, the practical value’ has gone from the item. Case?

Answer 27

Lloyd.

Question 28

Conditional intent to steal, an intent to take property if upon closer inspection it is worth stealing, will not be regarded as an intention to permanently deprive. Case?

Answer 28

Easom.

Question 29

Robbery definition?

Answer 29

Robbery is an aggravated form of theft, it is a completed theft with force of threat of force.

Question 30

What section is robbery contained in? What does it state?

Answer 30

Section 8 Theft Act 1968.
(1) 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 used force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

Question 31

For the actus reus of robbery what first needs to be proved?

Answer 31

A completed theft.

Question 32

Convicted of robbery, the defendant had tugged at the victims handbag. Case?

Answer 32

Corcoran v Anderton.

Question 33

What is the second element of actus reus for robbery?

Answer 33

Force or puts or seeks to put any person in fear of being then and there subjected to force.

Question 34

What level of force must be proven for a robbery?

Answer 34

Minimal

Question 35

Definition of force was accepted as ‘any exercise of physical strength against another’. Case?

Answer 35

RP and ORS v DPP.

Question 36

What does ‘seek to put’ mean?

Answer 36

The defendant does not have to be successful in making the victim fearful.

Question 37

What does ‘any person’ mean?

Answer 37

That the threat of force does not have to be aimed at the victim from whom the property is being appropriated.

Question 38

It is not necessary to prove that the victim was scared or threatened, an implied threat of force is sufficient. Case?

Answer 38

B and R v DPP.

Question 39

The threat of force or force used must satisfy two further criteria?

Answer 39

1. The threat/force must be used in order to steal.
2. The threat/force must have been used immediately before or at the time of the theft.
   Force used when escaping is regarded as force used at the time of the theft.

Question 40

Despite force being used at the end of the theft, the theft could still be regarded as continuing when escaping, therefore force was being used at the time of theft. Case?

Answer 40

Hale.

Question 41

What are the two aspects of men’s tea required for robbery?

Answer 41

1. Mens rea of theft.
   Dishonesty and intention to permanently deprive.
2. Intention to use force or threat of force to steal.
   Intention can be direct or indirect. Cannot be committed recklessly.