Offences Against Property Flashcards

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1
Q

theft: introduction

A

• Contained in the Theft Act 1968 s.1
• “dishonestly appropriates property belonging to another with intention to permanently deprive”

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2
Q

theft: elements

A

actus reus:
• Appropriation s.3
• Property s.4
• Belonging to another s.5
mens rea:
• dishonestly s.2
• intention to permanently deprive s.6

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3
Q

theft: appropriation s.3

A

assume the rights of the owner
• R v Vinall

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4
Q

theft: property s.4

A

refers to all real money and property
• money
• personal property
• real property
• things in action
• intangible property
Oxford v Moss

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5
Q

theft: belonging to another s.5

A

• person has possession or control of property or has any proprietary right
• Turner (No.2) (1997)

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6
Q

theft: intention to permanently deprive s.6

A

• treat the thing as their own to dispose of regardless the owners rights
• “goodness virtue and practical use” - Lloyd (1985)
• DPP v Lavender (1994)

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7
Q

theft: dishonesty s.2

A

exceptions:
• D has the right to deprive the other of property
• Consent
• Owner of property can not be found by taking reasonable steps
Ghosh’s test:
• Were D’s actions dishonest in comparison to the reasonable person
• Did D realise their actions were dishonest
new test:
• Were D’s actions dishonest in comparison to the reasonable person
Ivey v Gentings Casinos (2017)

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8
Q

robbery: introduction

A

• contained in the Theft Act 1968 s.8
• “immediately before or at the time of doing so, uses force to put someone in fear, subjecting them to the force.”
• theft with the use of force

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9
Q

robbery: elements

A

• completed theft (AR & MR)
AR:
• threat of force
• force immediately before or during
MR:
• intention/recklessness
• threat used in order to steal

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10
Q

robbery: force

A

‘a nudge is enough’ - Dawson and James (1976)

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11
Q

robbery: threat of force

A

• Bentham (2005)
As long as there is intention, the threat doesn’t have to be real

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12
Q

robbery: time of force

A

• immediately before or at the time of theft
• Hale (1978)

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13
Q

robbery: mens rea

A

• intent/reckless to use force/threat of force - did D realise what the threat could do
• force used in order to steal - force used for any other purpose will not amount to robbery

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14
Q

burglary: introduction

A

• s.9 (1)(a): “entering a building, or part of as a trespasser with intent to commit theft, GBH or criminal damage.”
• s.9 (1)(b): “having entered as a trespasser, stealing or inflicting GBH or attempting to inflict GBH.”

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15
Q

burglary: entry

A

• R v Ryan - partial entry can amount to a burglary

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16
Q

burglary: building or part of

A

• s.9 (4) - extends to houseboats, caravans etc
• part of building - R v Walkington (1979)

17
Q

burglary: trespasser

A

• no permission
• R v Jones and Smith (1976)

18
Q

burglary: mens rea

A

s.9(1)(a):
• intention or recklessness to trespass
• intention to commit theft, GBH or criminal damage
s.9(1)(b):
• intention or recklessness to become a trespasser
• mens rea for theft/GBH when committing either offence
Theft: dishonest, intention to permanently deprive
GBH: intention (s.18) intention/recklessness (s.20)