LAW P1 CRIM (THEFT + ROBBERY) Flashcards
What is the definition of theft?
The dishonest appropriation of property belonging to another with the intention to permanently deprive them of it.
Where is theft contained?
Theft is contained under S1 of the theft act 1968
What are the different sections for theft?
S1 - Theft definition
S2 - Dishonesty
S3 - Appropriation
S4 - property
S5 - Belonging to another
S6 - Intention to permanently deprive
What sections are the actus reus of theft?
S3 - approproation
S4 - Property
S5 - Belonging to another
What sections are the mens rea of theft?
S2 - Dishonesty
S6 - Intention to permanently deprive
What are the cases for the actus reus of theft?
S3 (appropriation) - R v Morris, there was an interference of the owners rights
S4 (property) - Kelly v Lindsay, a corpse is not propery but acquired body parts can be
S5 (belonging to another) - R v Basildon magistrates court, the bags and their contents outside the shop remained the property of the donor
What are the cases for the mens rea of theft?
S2 (dishonesty) - Ivey v genting casinos, a jury must deide whether what was done was dishonest
S6 (intention to permanently deprive) - R v Velumyl, the exact money could not be replaced
What is the definition of robbery?
A person is guilty of robbery if he steals, and immediately before or at the same time of doing so, he uses force or seeks to put anyone in fear of being subjected to force.
Where is robbery contained?
Robbery is contained under S8 of the theft act 1968.
What is the actus reus of robbery?
S3,4,5 theft act 1968 + the added element of force
What is the mens rea of robbery?
S2,6 theft act 1968 + the added element of force.
