PAPER 1: Section B - Theft, Burglary and Robbery [COMPLETE] Flashcards
1) Define theft aka s.1 of the Theft Act 1968?
s.1 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’.
2) What THREE sections make up the actus reus of theft?
s.3, s.4 & s.5 - ‘appropriates property belonging to another’
3) What is s.3 of the Theft Act 1968?
Appropriation - ‘Assuming the rights of an owner, which includes selling, destroying, consuming, using, lending or hiring out the property alongside just possessing it’
4) What are THREE relevant cases to s.3 (appropriation) of the Theft Act?
[hint - LABELS, TAXI, CHEQUES]
R v MORRIS - The owner’s right to put a price label on the goods was a right that Morris had assumed.
R v Lawrence - Lawrence took advantage of a non English speaker and took more money from the passenger . Courts denied the fact that the student ‘consented’ it.
R v GOMEZ - Cashier accepted stolen cheques and used deception at one point in time.
5) What is s.4 of the Theft Act 1968?
Property - ‘Property can be money (coins, notes), real property (buildings, land can NOT be stolen) , personal property (cars, jewellery, books, clothes), things in action (a cheque) and other intangible property’. (non physical items like quotas)
6) What are TWO relevant cases to s.4 (property) of the Theft Act?
[HINT: DEAD BODIES, EXAM PAPERS]
R v KELLY AND LINDSAY - Dead bodies and their parts can be counted as personal property in the terms of theft.
OXFORD V MOSS - D didn’t intend to permanently deprive the paper and didn’t take any property as knowledge of the questions doesn’t amount to property.
7) What is s.5 of the Theft Act 1968?
Belonging to another - At the time of the appropriation, the property belonged to another person. Useful if original owner is unknown.
8) What is the relevant case to s.5 (belonging to another) of the Theft Act?
[HINT: own car]
R v Turner - The garage was in possession of the car at the time of the appropriation until they get paid. As D didn’t pay, he was guilty of theft (…of his own car).
9) What TWO sections make up the mens rea of theft?
s.2 & s.6
10) What is s.2 of the Theft Act 1968?
in other words, what are three ways someone is not being [BLANK]
Dishonesty - No definition however
Someone is NOT dishonest if they have
a) in law, they have the right to deprive the other of the property on behalf of themself or a third party.
b) they know the owner would consent to the appropriation.
c) the original owner can’t be traced.
11) What are TWO relevant cases to s.2 (dishonesty) of the Theft Act 1968?
[hint: hold on & rights to property, miniscule & car]
R v HOLDEN - Holden was acquitted as he believed had a legal right to the property as an employee and genuinely held this belief.
R v SMALL - D believed the car was abandoned Therefore, due to this geniune belief that the owner couldn’t be found, he was acquitted.
12) [IMPORTANT] What is the GHOSH TEST?
The jury must decide whether ‘What was done dishonest by the ordinary standards of reasonable and honest people?’
If yes, then the jury must consider if the defendant themself realised that what he was doing was dishonest by these ordinary standards?.
13) What is s.6 of Theft Act 1968?
Intention of Permanently Depriving -
14) What are TWO relevant cases to s.6 (intention of permanently depriving) of Theft Act 1968?
[hint: notes, open bag]
R v VELUMYL - Convicted as he had the intention of permanently depriving the company of the banknotes which he had taken from the safe and coudn’t pay back the exact same notes.
R v EASOM - Easom was acquitted as he didn’t take anything from the bag and didn’t intend to permenantly deprive anything from the bag.
15) Define robbery aka s.8 of the Theft Act 1968?
Robbery is a theft aggravated by the use or threat of force.