Ht3

Question 1

Define theft

Answer 1

the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.

Question 2

Can a corpse be considered property
(Give case)

Answer 2

No
R V Sharp

Question 3

Can prohibited drugs be considered property
(Give case)

Answer 3

Yes
R V Smith

Question 4

As per ivy and Barton what is the test for dishonesty

Answer 4

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

Question 5

What dose Robery consist of

Answer 5

Theft and force

Question 6

Can you be liable for theft of your own property
(Give case)

Answer 6

Yes
R v Turner

Question 7

Dose copying always amount to theft
(Give case)

Answer 7

No
R v Lloyd

Question 8

Dose force need to be used in order to steal (give case)

Answer 8

Yes
Corcoran v anderton

Question 9

List the 2 types of criminal defences

Answer 9

Capacity defence

Necessity defence

Question 10

List the defences for capacity defence

Answer 10

1. Insanity
   2.automatism
2. Intoxication

Question 11

List the defences for necessity defence

Answer 11

1.self defence
2. Durress

Question 12

When is insanity defence used

Answer 12

1. At the time of the crime
2. Insane at the time of the trial

Question 13

What must be proven for insanity

Answer 13

• A defect of reason
• Caused by a disease of the mind

• Did not know the nature/quality of their act, or
• Did not know what they were doing was wrong

Question 14

List the 2 types of automatism

Answer 14

Insane

Non insane