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A-Level Law (OCR) // Criminal, Tort > Paper 1.11 - Property Offences > Flashcards

Paper 1.11 - Property Offences Flashcards

Criminal Law

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1
Q

What category offence is theft?

A

Triable either way.

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2
Q

What is the maximum sentence of theft?

A

7 years.

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3
Q

What Act does theft come from?

A

Theft Act 1968.

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4
Q

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

A

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

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5
Q

What is the actus reus of theft?

A

Appropriates property belonging to another.

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6
Q

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

A

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

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7
Q

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

A

Just one.

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8
Q

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

A

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.

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9
Q

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

A

The moment a right of ownership is assumed; Gomez.

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10
Q

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

A

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.

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11
Q

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

A

Property is money and all other property, real and personal, including things in action and other intangible property.
s4.

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12
Q

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

A

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

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13
Q

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

A

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.

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14
Q

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

A

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

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15
Q

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?

A

You can be guilty of stealing your own property.

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16
Q

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

A

s5(3).

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17
Q

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

A

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

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18
Q

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

A

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.

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19
Q

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

A

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

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20
Q

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?

A

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.

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21
Q

What is the mens rea of theft?

A

Dishonesty, intention to permanently deprive.

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22
Q

What section of the Theft Act describes dishonesty?

A

s2.

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23
Q

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

A

(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.

24
Q

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?

A

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.

25
Q

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?

A

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.

26
Q

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

A

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.

27
Q

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

A

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

28
Q

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

A

s6.

29
Q

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

A

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

30
Q

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?

A

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

31
Q

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?

A

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

32
Q

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?

A

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

33
Q

What section of what Act defines robbery?

A

s8 of the Theft Act 1968.

34
Q

What is the statutory definition of robbery?

A

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.

35
Q

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

A

Maximum life (discretionary).

36
Q

What is the AR of robbery?

A

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

37
Q

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?

A

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

38
Q

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

A

Section 8.

39
Q

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?

A

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

40
Q

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.

A

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

41
Q

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

A

It is up to the jury to decide.

42
Q

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

A

Dawson and Jones.

43
Q

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

A

Clouden.

44
Q

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?

A

P and Others.

45
Q

What is the mens rea for robbery?

A

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

46
Q

What section of what Act is burglary under?

A

s9 of Theft Act 1968.

47
Q

What is the definition of burglary?

A

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

48
Q

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

A

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

49
Q

What two categories is burglary split into?

A

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

50
Q

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

A

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.

51
Q

In burglary, how is an entry defined? What case defines this?

A

D has entered a building or part of one (eg behind a counter). It does not have to be d’s full body.
Ryan.

52
Q

In burglary, how is a trespasser defined?

A

D is not allowed on the property or goes beyond occupier’s allowed permission.

53
Q

What are the case studies for defining trespassers in burglary?

A

Jones and Smith - Ds went beyond permission by selling their father’s TV set.
Barker - D went beyond permission by stealing items.
Collins (Ladder Man) - D was not trespassing; D must know or be reckless to the fact they’re trespassing.

54
Q

What defines a building in burglary? What case defines this?

A

A structure of considerable size and of some permanence.
Stevens and Gourley.
(s9(4) of the Theft Act says this includes houseboats and inhabited vessels.)

55
Q

What four cases are relevant to the definition of building in burglary?

A

Steven and Gourley - ‘a structure of considerable size and of some permanence.’
Leathley - 25ft storage container w/ electricity -> building.
Norfolk Constabulary - lorry trailer w/ electricity -> not a building as it had wheels.
Walkington - D entered the tills, a part of a building he was not allowed access to.

56
Q

What is the mens rea of burglary?

A

D must know he’s a trespasser or is reckless to the fact he is.
D must intend the ulterior offences (eg GBH, theft).

A-Level Law (OCR) // Criminal, Tort (24 decks)

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