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Law paper 1- criminal > Property > Flashcards

Property Flashcards

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1
Q

What is the definition of theft?

A

The dishonest appropriation of property belonging to another with the intention to permanently deprive

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2
Q

What is the act and section for theft?

A

Theft Act 1968
S.1

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3
Q

What are the 5 elements of theft?

A

Appropriation
Property
Belonging to another
Dishonesty
Intention to permanently deprive

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4
Q

What is appropriation?

A

Any assumption of the rights of the owner

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5
Q

What section number is appropriation?

A

S.3

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6
Q

What is the case and held for assumption of the owners rights?

A

Morris- you do not have to assume all rights

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7
Q

What does the case of Lawrence say about appropriation?

A

Appropriation can happen with the owners consent

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8
Q

What is property?

A

Money and all other real or personal property including things in action and tangible property

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9
Q

What is the section number for property?

A

S.4

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10
Q

What 5 things are not property and their exceptions?

A

Wild plants, fruits and mushrooms (unless sold)
Animals (unless in captivity)
Information (unless it’s personal)

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11
Q

What is the case and held for information no being property?

A

Oxford and Moss
Knowledge of exam questions is not property

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12
Q

What is the section for belonging to another?

A

S.5

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13
Q

What does belonging to another mean?

A

Any person having possession or control of it in any interest

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14
Q

What is the case for S.5 of belonging to another?

A

Turner

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15
Q

What does S.5(3) say about belonging to another?

A

Property may be given to someone else to deal with it in a particular way but the property still belongs to the original owner until that obligation is carried out

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16
Q

What is the case for legal obligation?

A

Davidge v Bunnett

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17
Q

What does S.5(4) say about belonging to another?

A

If property is taken by mistake there is no legal obligation to return it

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18
Q

Under S.5(4) when do people have a legal obligation to return property?

A

Sale of goods act (wrong change)
Extra money in wage

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19
Q

What is the case for the sale of goods act?

A

Gilks

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20
Q

What is the case for extra money given in a wage?

A

AG Ref. No. 1 1983

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21
Q

What property can and cannot be stolen?

A

Lost property can be stolen
Abandoned property cannot be stolen

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22
Q

What are the 3 elements for the AR of theft and their section numbers?

A

Appropriation S.3
Property S.4
Belonging to another S.5

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23
Q

What are the 2 elements for the MR of theft and their section numbers?

A

Dishonest S.2
Intention to permanently deprive S.6

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24
Q

What is the 3 part test for dishonesty with section numbers?

A

S.2(a) he believes that he has the legal right to reprieve the other of the property
S.2(b) he believes the owner would have allowed him to have the property in the circumstances
S.2(c) he believes the true owner cannot be found by taking reasonable steps

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25
Q

What is the case that set out the test for dishonesty?

A

Ivey v Genting Casinos

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26
Q

What is the case that confirmed the dishonesty test and the held?

A

Barton and Booth- would the reasonable man consider it dishonest

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27
Q

What is the case for S.2(b) or dishonesty?

A

Holden

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28
Q

What is the case for S.2(c) or dishonesty?

A

Small

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29
Q

What section is intention to permanently deprive?

A

S.6

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30
Q

When must the intention to permanently deprive exist?

A

At the time of appropriation

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31
Q

Why does intention to permanently deprive still exist when money is repaid?

A

Because they have to return the exact same bank notes and coins

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32
Q

What does ‘wholly diminished in value’ mean?

A

That all the goodness has gone out of the property and it is not of the same value anymore

33
Q

Cannot be guilty of theft for…

A

unauthorised borrowing unless wholly diminished in value

34
Q

What is the case for unauthorised borrowing?

A

Lloyd

35
Q

What is an example of a theft attempt but not actually theft?

A

If D picks up an item to see if it is worth stealing but return it because it is not (not ITPD)

36
Q

What is the case for picking up an item to see if it is worth it?

A

Easom

37
Q

What act defines robbery?

A

S.8 Theft act 1968

38
Q

What is the definition of robbery?

A

He steals, and immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force

39
Q

What are the 6 elements of robbery?

A

Steal
Force or threat of force
Immediately before or at the time of doing so
In order to do so
On any person
Mens rea

40
Q

What is the first thing that has to be probed for robbery?

A

That they completed theft

41
Q

What is not necessary for the D to do when stealing?

A

Doesn’t have to get away with the property

42
Q

What is the case for the D not having to get away with stealing?

A

Corcoran v Anderton

43
Q

What are the rules for force in robbery?

A

Can be small and doesn’t have to be directly applied to the person but instead a property

44
Q

What is the case and held for the force only having to be small for a robbery?

A

Dawson and James- the force only has to be a nudge

45
Q

What are the rules for threat of force in a robbery?

A

The threat does not have to be real as the victim doesn’t have to be aware or fearful

46
Q

What is the case for the threat of force not having to be real in a robbery?

A

Bentham

47
Q

What section states the rules for threat of force in a robbery?

A

S.8

48
Q

When must the force occur in a robbery?

A

Before or at the time of the theft

49
Q

Will it be a robbery if the force occurs after?

A

No, it will be two separate offences

50
Q

What is the continuing act?

A

The actus reus and mens rea began to occur at the same time as the crime was committed

51
Q

What is the case for the continuing act?

A

Hale

52
Q

What is the held in the case of Lockley?

A

Appropriation can be a continuing act

53
Q

What does ‘in order to do so’ mean?

A

The force is used in order to steal

54
Q

What is the mens rea of robbery?

A

The mens rea of theft (dishonesty, intention to permanently deprive)
Intention or recklessness as to the application or threat of force

54
Q

What is the rule for ‘on any person’ in robbery?

A

The force does not have to be done on the same person who he has stolen from

55
Q

What is the case and held for the mens rea of robbery?

A

Robinson- no theft as honest belief he was entitled to money

56
Q

What is burglary?

A

Burglary is where a person trespasses into property and commits an ulterior offence

57
Q

What act was burglary set out in?

A

S.9 of the Theft Act 1968

58
Q

What are the 2 sections for the offences for burglary?

A

S.9(1)(a)
S.9(1)(b)

59
Q

What does S.9(1)(a) state about burglary?

A

Where D enters a building with intent to commit theft, GBH or criminal damage

60
Q

What does S.9(1)(b) state about burglary?

A

Having entered as a trespasser, D attempts to steal anything or inflict GBH

61
Q

What are the 4 elements for the AR of burglary?

A

Entry
Building
Trespasser
Going beyond permission

62
Q

What is entry?

A

D must enter a building or part of a building as a trespasser

62
Q

What did the case of Ryan define entry as?

A

The entry doesn’t need to be effective and it is up to the jury to decide if there has been an entry

62
Q

What is the rule for ‘part of a building’ for a burglary?

A

D has permission to be in one part of the building but ventures into another part

63
Q

What does S.9(4) define a building as?

A

It includes ‘inhabited vehicles or vessels

63
Q

What is the case and held for part of a building in a burglary?

A

Walkington- entered prohibited area with intent to steal

64
Q

What are the 3 elements to see if the D was a trespasser?

A

Enters without permission to be there
Having permission ventures into a prohibited area
Exceeds his permission to be in the building and uses it for another purpose

65
Q

What is the case for going beyond permission?

A

Smith and Jones

66
Q

What did the case of Smith and Jones say about going beyond permission?

A

D entered knowing that they has exceeded their permission to be there

67
Q

What are the 2 elements for the MR of burglary?

A

Intention to trespass
Intention for the final offence

68
Q

What does intention to trespass mean?

A

They must intent or be reckless to trespassing

69
Q

What does the intention for the final offence mean?

A

When different intention occurs it will decide if it is S.9(1)(a) or S.9(1)(b)

70
Q

What is the S.9(1)(a) MR of burglary?

A

MR is complete on entry if they have intention for the trespass and intention to complete the final offence

71
Q

What is the S.9(1)(b) MR of burglary?

A

The intention to trespass initially takes place, then once inside the building whilst they commit or attempting to commit theft or GBH

72
Q

What is conditional intent with an example?

A

Where D places conditions on the potential of the crime eg. something not of value worth stealing

72
Q

Can the D still be guilty of burglary with conditional intent?

A

Yes, it is different to theft

73
Q

What is the case and held for conditional intent?

A

Attorney General’s Reference No1 & No2 (1979)- Still guilty if they go into a building intending to steal something but then it is not worth it

Law paper 1- criminal (6 decks)

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