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crime > Property > Flashcards

Property Flashcards

1
Q

Theft is the assumption of the rights of an owner

A

S3 theft act

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2
Q

Man invited defendants into his friends house while he was in prison

A

Pitham v hehl

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3
Q

Changed labels in supermarket

Only one of the rights of an owner needs to be assumed for appropriation

A

R v Morris

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4
Q

Electrical store assistant manager sold goods on production of 2 stolen building society chequers
Appropriation can occur even if the owner consents
Follows up earlier decision in Lawrence

A

R v Gomez

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5
Q

Manipulating a man with low IQ to transfer money

A

R v hinks

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6
Q

Hired expensive cars in Europe and sold them in uk

A

Atakpu and Abrahams

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7
Q

Took body parts from the Royal college of surgeons

A

Kelly and Lindsay

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8
Q

Got a copy of exam paper

A

Oxford v moss

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9
Q

Wild plants can’t be stolen unless for rewards or sale

A

S4(3)

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10
Q

Wild creatures not capable of being stolen unless tamed in captivity or another’s possession

A

S4(4)

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11
Q

Any person who has possession or control of it or having propriety right or interest

A

S5(1)theft act

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12
Q

Took his car to garage and stole it back without paying

You can steal property belonging to yourself

A

R v turner

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13
Q

Stole scrap metal that the owners didn’t know was there

Property can belong to another even if they don’t know it exists

A

R v woodman

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14
Q

Took from a charity shop

Bags outside belonged to donater and stuff in bin the shops

A

R v Basildon magistrates

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15
Q

D sent 2 medals by MOD sold them on eBay

A

R v Webster

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16
Q

Where a person receives property from another and is under an obligation to deal with it in a particular way then the property shall be regarded as belonging to another

A

S5(3)

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17
Q

Given money for gas bill and bought Christmas present

A

Davidge v Bennett

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18
Q

When a person receives property by mistake they are under an obligation to restore it and an intention not to show intention to deprive the other of it

A

S5(4)

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19
Q

Met police overpaid

A

AG ref

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20
Q

Placed bet didn’t win but received money

S5(4) didn’t apply as it doesn’t cover moral or social obligation

A

R v gilks

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21
Q

Conviction quashed as he thought he had right to take tyres as others had done it
S2(1)a not dishonest if you believe you have a right in law to deprive other of it

A

R v Holden

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22
Q

Car sat in same place flat tyre etc key in ignition

S2(1)b not dishonest if you think you have owners consent

A

R v small

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23
Q

If you can’t find owner by taking reasonable steps

A

S2(1)c

24
Q

D actions dishonest by the ordinary standards of reasonable and honest people
Did D realise what he was doing was dishonest by these standards

A

Ghosh

25
Q

Intending to treat the thing as his own regardless of the owners rights and a borrowing may amount to this if it is equivalent to an outright taking

A

S6 theft act

26
Q

Caught obtaining and reselling underground tickets

A

R v Marshall, Coombes and Eren

27
Q

Company manager took money from the safe intended to replace it

A

R v velumyl

28
Q

Projectionist made illegal copies

Permanently deprive only if all the goodness, virtue and practicle value has gone from the article

A

R v Lloyd

29
Q

Rummaged through handbag didn’t find money

Conditional intention is not an intention to permenently deprive

A

R v easom

30
Q

Put fingers in a coat demand money pretending to have a gun

A

R v Bentham

31
Q

15 yr old claimed he wasn’t scared when they took his phone didn’t matter Ds wanted to have him fear violence

A

B and R v DPP

32
Q

Owed money and they fought dropped money retrieved

Not theft if you believe you have a right in law to the money

A

R v Robinson

33
Q

1 D pushed V another took V wallet

Force is an ordinary word for the jury to decide

A

R v Dawson and James

34
Q

D wrenched a shopping bag from V hand

A

R v clouden

35
Q

Snatching a cigarette more like pick pocketing

A

R P and others v DPP

36
Q

Went to house stole jewellery box covered her mouth and tied her up

A

R v hale

37
Q

Hit woman, tugged at her bag she let go and ran away

Touching property is appropriation

A

Corcoran v Anderton

38
Q

Appropriation occurs as soon as the owners rights have been assumed

A

R v Gomez

39
Q

Caught shoplifting from off licence used force, tried to use defence that theft was complete before he used force

A

R v lockley

40
Q

Fight on a cycle path threatened a knife

A

Vinall

41
Q

D enters building as a trespasser with intention to steal, inflict GHB, do unlawful damage

A

Theft act

S9(1)(a)

42
Q

Having entered building or part as a trespasser D steals or attempts to steal and inflicts or attempt to inflict GBH

A

Theft act s9(1)(b)

43
Q

Judges defined entry as effective and substantial only obiter
D climbed ladder into bedroom she thought it was her boyfriend

A

Collins

44
Q

D leaned in and helped himself to goods, whole body doesn’t need to be in building conviction upheld

A

Brown

45
Q

D found stuck with head and arm in the building

Conviction upheld partial entry may be enough

A

Ryan

46
Q

If has permission to entry not a trespasser, or only a trespasser if he knows or sees risk of trespassing

A

Collins

47
Q

D entered smiths fathers house stole 2 TVs

Upheld still trespasser if in excess of permission or is reckless in that regard

A

Jones and smith

48
Q

Found in stock room after closing

A

R v laing

49
Q

Building is “ structure of considerable size and intended to be permenent or at least to endure for a considerable time

A

Stevens v gourlay

50
Q

Freezer on railway sleepers that had been there for 2-3 yrs was a building

A

B. And S v leathley

51
Q

Articulated trailer used as a temp store for a year, had electricity, steps, and lockable shutters was not a building as the character of the structure had not changed from that of a vehicle

A

Norfolk constabulary v seekings

52
Q

Inhabited vehicle or vessel even if the occupiers weren’t men

A

S9(4)

53
Q

Permission to enter shop but not counter area

A

Walkington

54
Q

Prosecutors failed to argue he had entered part of building as a trespasser conviction quashed

A

R v laing

55
Q

If entered building intended to steel if nothing worth steeling immaterial

A

Walkington

56
Q

Case 1 found climbing stairs to room above grocers looking for money to steal
Case2 found forcing French Windows said he wasn’t going to damage but wanted to see what was lying around
C/A adopted judgement of Walkington

A

AG ref no 1 and2 of 1979

crime (3 decks)

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