Property Flashcards
Theft is the assumption of the rights of an owner
S3 theft act
Man invited defendants into his friends house while he was in prison
Pitham v hehl
Changed labels in supermarket
Only one of the rights of an owner needs to be assumed for appropriation
R v Morris
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
R v Gomez
Manipulating a man with low IQ to transfer money
R v hinks
Hired expensive cars in Europe and sold them in uk
Atakpu and Abrahams
Took body parts from the Royal college of surgeons
Kelly and Lindsay
Got a copy of exam paper
Oxford v moss
Wild plants can’t be stolen unless for rewards or sale
S4(3)
Wild creatures not capable of being stolen unless tamed in captivity or another’s possession
S4(4)
Any person who has possession or control of it or having propriety right or interest
S5(1)theft act
Took his car to garage and stole it back without paying
You can steal property belonging to yourself
R v turner
Stole scrap metal that the owners didn’t know was there
Property can belong to another even if they don’t know it exists
R v woodman
Took from a charity shop
Bags outside belonged to donater and stuff in bin the shops
R v Basildon magistrates
D sent 2 medals by MOD sold them on eBay
R v Webster
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
S5(3)
Given money for gas bill and bought Christmas present
Davidge v Bennett
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
S5(4)
Met police overpaid
AG ref
Placed bet didn’t win but received money
S5(4) didn’t apply as it doesn’t cover moral or social obligation
R v gilks
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
R v Holden
Car sat in same place flat tyre etc key in ignition
S2(1)b not dishonest if you think you have owners consent
R v small
If you can’t find owner by taking reasonable steps
S2(1)c
D actions dishonest by the ordinary standards of reasonable and honest people
Did D realise what he was doing was dishonest by these standards
Ghosh
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
S6 theft act
Caught obtaining and reselling underground tickets
R v Marshall, Coombes and Eren
Company manager took money from the safe intended to replace it
R v velumyl
Projectionist made illegal copies
Permanently deprive only if all the goodness, virtue and practicle value has gone from the article
R v Lloyd
Rummaged through handbag didn’t find money
Conditional intention is not an intention to permenently deprive
R v easom
Put fingers in a coat demand money pretending to have a gun
R v Bentham
15 yr old claimed he wasn’t scared when they took his phone didn’t matter Ds wanted to have him fear violence
B and R v DPP
Owed money and they fought dropped money retrieved
Not theft if you believe you have a right in law to the money
R v Robinson
1 D pushed V another took V wallet
Force is an ordinary word for the jury to decide
R v Dawson and James
D wrenched a shopping bag from V hand
R v clouden
Snatching a cigarette more like pick pocketing
R P and others v DPP
Went to house stole jewellery box covered her mouth and tied her up
R v hale
Hit woman, tugged at her bag she let go and ran away
Touching property is appropriation
Corcoran v Anderton
Appropriation occurs as soon as the owners rights have been assumed
R v Gomez
Caught shoplifting from off licence used force, tried to use defence that theft was complete before he used force
R v lockley
Fight on a cycle path threatened a knife
Vinall
D enters building as a trespasser with intention to steal, inflict GHB, do unlawful damage
Theft act
S9(1)(a)
Having entered building or part as a trespasser D steals or attempts to steal and inflicts or attempt to inflict GBH
Theft act s9(1)(b)
Judges defined entry as effective and substantial only obiter
D climbed ladder into bedroom she thought it was her boyfriend
Collins
D leaned in and helped himself to goods, whole body doesn’t need to be in building conviction upheld
Brown
D found stuck with head and arm in the building
Conviction upheld partial entry may be enough
Ryan
If has permission to entry not a trespasser, or only a trespasser if he knows or sees risk of trespassing
Collins
D entered smiths fathers house stole 2 TVs
Upheld still trespasser if in excess of permission or is reckless in that regard
Jones and smith
Found in stock room after closing
R v laing
Building is “ structure of considerable size and intended to be permenent or at least to endure for a considerable time
Stevens v gourlay
Freezer on railway sleepers that had been there for 2-3 yrs was a building
B. And S v leathley
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
Norfolk constabulary v seekings
Inhabited vehicle or vessel even if the occupiers weren’t men
S9(4)
Permission to enter shop but not counter area
Walkington
Prosecutors failed to argue he had entered part of building as a trespasser conviction quashed
R v laing
If entered building intended to steel if nothing worth steeling immaterial
Walkington
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
AG ref no 1 and2 of 1979
