Paper 1.11 - Property Offences

Question 1

What category offence is theft?

Answer 1

Triable either way.

Question 2

What is the maximum sentence of theft?

Answer 2

7 years.

Question 3

What Act does theft come from?

Answer 3

Theft Act 1968.

Question 4

What is the definition of theft and what section of the Theft Act is it from?

Answer 4

D dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.
s1.

Question 5

What is the actus reus of theft?

Answer 5

Appropriates property belonging to another.

Question 6

In relation to theft, what is the definition of ‘appropriating’ and what section of the Theft Act defines it?

Answer 6

Any assumption of the rights of an owners amounts to appropriation.
s3.

Question 7

In relation to theft, how many rights of ownership does d need to assume in order to appropriate property?

Answer 7

Just one.

Question 8

In relation to theft, d appropriates an item if they assume even one right of ownership. What two cases are examples of this?

Answer 8

Morris
D swapped two price labels in a shop and paid the cheaper one. D was convicted of theft.
Anderton
D swapped the price labels of two cuts of meat. D was convicted of theft.

Question 9

In relation to theft, when does an appropriation take place? What case is an example of this?

Answer 9

The moment a right of ownership is assumed; Gomez.

Question 10

TRUE OR FALSE: If the owner gives consent to an appropriation, it is no longer a crime.

Answer 10

False; this wasn’t the case in Lawrence, where a taxi driver overcharging a foreign exchange student was convicted of theft. Another example is the case of Hinks. A vulnerable owner may not be able to consent.

Question 11

In relation to theft, how is property defined and what section of the Theft Act defines it?

Answer 11

Property is money and all other property, real and personal, including things in action and other intangible property.

Question 12

Decide whether the following are property in relation to theft:
Coins, wild flowers, bank accounts, wild animals that are tamed, information.

Answer 12

Coins /
Wild flowers X
Bank accounts /
Wild animals that are tamed /
Information X

Question 13

What case provided the precedent that information was not property (under the Theft Act)?

Answer 13

Oxford v Moss
D, a uni student, acquired a proof of an exam he was due to sit. He memorised it and returned it. He was later acquitted of the theft charges brought against him.

Question 14

In relation to theft, what is meant by ‘belonging to another’ and what section in the Theft Act is it defined?

Answer 14

Any person in control or possession / having a proprietary right.
s5.

Question 15

In Turner, after a garage finishes maintenance on a customer’s car, the customer uses his spare key to steal it back. What point of law did this create?

Answer 15

You can be guilty of stealing your own property.

Question 16

What section of the Theft Act deals with people holding money for a particular purpose?

Answer 16

s5(3).

Question 17

TRUE OR FALSE: If your roommate gives you money to pay the bills, you have no legal obligation to do so.

Answer 17

False, this was the case in Davidge, where Christmas presents were bought instead.

Question 18

In relation to theft, how does the law deal with lost or abandoned property? Name a case example.

Answer 18

If it is clear that V has forfeited ownership, D may claim the item (eg magazine on a train).
Ricketts
D stole from bags outside a charity shop; they were intended for the charity shop owners.

Question 19

Under the Theft Act, what are you obligated to do when you receive property by mistake? What section of the Act states this?

Answer 19

You have an obligation to make a restoration.
s5(4).

Question 20

Under s5(4) of the Theft Act, if you are given property by mistake, you are obligated to restore it. What is the case example of this?

Answer 20

AG Ref
D was overpaid by employers and failed to make a restoration. Although D was acquitted in trial, AG Ref commented saying that D should’ve been guilty.

Question 21

What is the mens rea of theft?

Answer 21

Dishonesty, intention to permanently deprive.

Question 22

What section of the Theft Act describes dishonesty?

Answer 22

s2.

Question 23

s2(1) of the Theft Act states that there are three examples where D is deemed as ‘not dishonest’. What are these examples?

Answer 23

(a): if d believes they have legal right to the property.
(b): if d believes they would have the owner’s consent.
(c): if d takes reasonable steps to find the owner.

Question 24

s2(1)(a) of the Theft Act states that d is not dishonest if they believe they have a right to the property. What is a case example of this?

Answer 24

Holden
D stole tires from his factory’s scrap pile. However, he believed he had a right to this property. Therefore he was not guilty.

Question 25

s2(1)(b) of the Theft Act states that d is not dishonest if they believe they would have the owner’s consent. What is the case example of this?

Answer 25

Small
D found a car and watched it for two weeks. He then stole it assuming it to be abandoned, even though it wasn’t. D wasn’t guilty as he believed the owner abandoned it.

Question 26

s1(2) and s2(2) state two examples where d is dishonest. Name these examples.

Answer 26

s1(2): D is dishonest even if taking the property isn’t for their own benefit.
s2(2): D is dishonest even if they are willing to pay for the property they took.

Question 27

What is the objective test for dishonesty and what two cases established it?

Answer 27

Ivey test: Is d dishonest by the standards of a reasonable and honest person?
Ivey; Barton and Booth.

Question 28

What section of the Theft Act defines ‘intention of permanently depriving’?

Answer 28

s6.

Question 29

In relation to theft, what are the requirements for D to meet the MR: intention of permanently depriving?

Answer 29

If d ‘treats the thing as his own to dispose of regardless of the other’s rights’, he qualifies for the MR.

Question 30

In relation to theft, in Velumyl, a manager money from the office safe, intending to return it in a week’s time. What was the end result of the case and why?

Answer 30

D was convicted; he treated the money as his own to dispose of regardless of the office’s rights.

Question 31

In relation to theft, in Lloyd, a projectionist gave D a film so that he may make an illegal copy. What was the result of the case and why?

Answer 31

D’s conviction was quashed on appeal; by replicating the film he had not reduced its value, meaning he had not disposed of it.

Question 32

In relation to theft, in Marshall, d received Underground day tickets from people finished with them and resold them. What was the result of the case and why?

Answer 32

D was convicted; the tickets were still property of the Underground and, by selling them, he has assumed the rights of the owner.

Question 33

What section of what Act defines robbery?

Answer 33

s8 of the Theft Act 1968.

Question 34

What is the statutory definition of robbery?

Answer 34

D steals, and immediately before or at the time of doing so and in order to do so uses force on any persons or seeks to put them in fear of (then and there) being subjected to force.

Question 35

What is the sentence for robbery and what category offence is it?

Answer 35

Maximum life (discretionary).

Question 36

What is the AR of robbery?

Answer 36

Theft: appropriating property belonging to another
AND
Force: force or putting someone in fear of force.

Question 37

In the case of Robinson, D ran a clothing club and was due £7 from V’s wife. D threatened V causing V to drop a fiver. D took it and claimed he was still owed another two quid. D was charged with robbery; what was the outcome of this case?

Answer 37

D had not committed a theft due to his belief he had a legal right to the money. Therefore there was no robbery.

Question 38

Where is it stated in the Theft Act that force must be used immediately before or at the time of a robbery?

Answer 38

Section 8.

Question 39

In Lockley, D is caught shoplifting beer; he shoved the shopkeeper in an attempt to escape. D claimed that the appropriation was over therefore he could not be guilty of robbery. What was the outcome?

Answer 39

CoA upheld conviction, stating that Lockley had a continuing act of appropriation.

Question 40

TRUE OR FALSE: The force of a robbery must be directed at a staff member of the shop or a police officer for it to constitute robbery.

Answer 40

FALSE - the only requirement is that it must be in order to complete the theft.

Question 41

How is the standard of force decided in a robbery case?

Answer 41

It is up to the jury to decide.

Question 42

In a robbery case, D shoved V allowing another D to steal their wallet. What was this case called?

Answer 42

Dawson and Jones.

Question 43

In a robbery case, D wrenches a shopping basket from V. What was this case called?

Answer 43

Clouden.

Question 44

In a robbery case, D snatched a cigarette from V, although his conviction was quashed due to the lack of direct contact. What was this case called?

Answer 44

P and Others.

Question 45

What is the mens rea for robbery?

Answer 45

Theft: Dishonesty and intention to permanently deprive.
AND
Intention to use force or threat of force.

Question 46

What section of what Act is burglary under?

Answer 46

s9 of Theft Act 1968.

Question 47

What is the definition of burglary?

Answer 47

D enters a building (or part of one) as a trespasser with intent to steal, inflict GBH or do unlawful damage.

Question 48

What is the maximum sentence for burglary and what category offence is it?

Answer 48

Non dwelling: 10 years
Dwelling: 14 years
Triable either way.

Question 49

What two categories is burglary split into?

Answer 49

s9(1)(a) and s9(1)(b).

Question 50

What is the difference between burglary s9(1)(a) and burglary s9(1)(b)?

Answer 50

s9(1)(a): D enters with intent to commit theft, GBH or criminal damage; they don’t necessary have to commit it.
s9(1)(b): D enters as a trespasser, then forms intent to commit theft or GBH; D must commit the crime. DOES NOT APPLY TO CRIMINAL DAMAGE.