Property Flashcards
Where is theft defined
Section 1-6 of the theft act
What is the definition on theft (section 1)
Dishonestly appropriating property belonging to another with intention to permanantely deprive
What is section 2a
where the defendant thinks they have a right to the property
what is section 2b
Does D have consent from the owner to take it
What is section 2c
Does D take all reasonable steps to return the property
What cases are used for dishonesty
Ghosh and Ivey
What happened in Ghosh
D took money that wasnt owed to him as consultancy fees
What two tests did Ghosh establish
Subjective test - Does the defendant view their actions as dishonest
Objective test- Does a reasonable person view defendant actions as dishonest
What happened in Ivey
D had stolen money from a casino
What did Ivey establish
Took away the subjective part and leaves it as a reasonable person
What two cases are used for appropriation
Gomez and Lawrence
What happened in Gomez
D persuaded manager to accept two stolen cheques as payment
What did Gomez establish
D must assume the rights of the owner
What happened in Lawrence
D took more money than what was required
What did Lawrence establish
Theft can still happen while under consent
What is property
any tangible object
What two cases are used for property
Kelly and Lindsay Oxford v Moss
What happened in kelly and lindsay
D used body parts as part of an art showcase
What did kelly and lindsay establish
Body parts can be property
What happened in Oxford v Moss
D had looked at information on a test before taking it
What did Oxford v Moss establish
Information is not considered to be property
What case is used for belonging to another
Turner no.2
What happened in turner no.2
D stole his car from a garage without paying
What did turner no.2 establish
The person the property belongs to is the person whos is in possession of it
Which two cases are used for permanentaly deprive
Velumyl and Lloyd
What happened in Velumyl
D stole money and gave back a different note, it must be the exact same property
What happened in Lloyd
D used films and copied them then returned the films
What did Lloyd establish
The property must be returned in the exact same state
Define Robbery
D is guilty of robbery if he steals and immediately before or at the time of doing so he uses force on any person or seeks to put any person in fear of being the and there subjected to force
What cases are used in robbery
Robinson Corcoran v Anderton Raphael Dawson and James Clouden B and r v DPP Hale Lockley
Robinson
D owed £7 was given £5 then presented a knife and demanded the other £2
He was entitled to the money
Corcoran v anderton
D steals a bad then drops it
He had intention to permanently deprive
Raphael
D stole v’s car and offered £500 to buy it back
Used force to take it
Dawson and James
D pushed v allowing another to steal v’s wallet
Clouden
D wrenched shopping basket from v
Force need not be directed at v
B and r v DPP
V was thieves by a group
V doesn’t need to apprehend any violence
Hale
D tied v up and stole from her
Happened during the theft
Lockley
Shoplifted beer and tries to leave but was stopped
What are the two sections for burglary
9.1a and 9.1b
What is burglary 9.1a
D enters a building or part of a building as a trespasser with intent to steal inflict gbh or cause unlawful criminal damage to the building or anything in it
What is burglary 9.1b
D steals or attempts to steal or d inflicts or attempts to inflict gbh once entering a building or part of a building
What cases are used for burglary
Brown Collins Ryan Walkington B and s leathley Norfolk constabulary v seeking a and Gould Smith and Jones
What is brown
D rummaged a shop with top half of his body
He had entered the building
What happened in Collins
D had sexual intercourse with a woman after climbing a ladder
He wasn’t a trespasser
What happened in Ryan
D got stuck entering a house
He entered with intention
What happened in walkington
D opened a till at a counter area
Was a trespasser
What happened in B and S leathley
There was a 25 ft freezer with locks
The freezer was a building
What happened In Norfolk constabulary v seekings and Gould
A trailer had steps and electricty supply
Anything on wheels is not a building
What happened in smith and jones
Some stole a tv from dads house
Son exceeded permission granted
