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Law > Property > Flashcards

Property Flashcards

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1
Q

Where is theft defined

A

Section 1-6 of the theft act

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2
Q

What is the definition on theft (section 1)

A

Dishonestly appropriating property belonging to another with intention to permanantely deprive

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3
Q

What is section 2a

A

where the defendant thinks they have a right to the property

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4
Q

what is section 2b

A

Does D have consent from the owner to take it

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5
Q

What is section 2c

A

Does D take all reasonable steps to return the property

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6
Q

What cases are used for dishonesty

A

Ghosh and Ivey

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7
Q

What happened in Ghosh

A

D took money that wasnt owed to him as consultancy fees

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8
Q

What two tests did Ghosh establish

A

Subjective test - Does the defendant view their actions as dishonest
Objective test- Does a reasonable person view defendant actions as dishonest

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9
Q

What happened in Ivey

A

D had stolen money from a casino

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10
Q

What did Ivey establish

A

Took away the subjective part and leaves it as a reasonable person

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11
Q

What two cases are used for appropriation

A

Gomez and Lawrence

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12
Q

What happened in Gomez

A

D persuaded manager to accept two stolen cheques as payment

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13
Q

What did Gomez establish

A

D must assume the rights of the owner

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14
Q

What happened in Lawrence

A

D took more money than what was required

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15
Q

What did Lawrence establish

A

Theft can still happen while under consent

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16
Q

What is property

A

any tangible object

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17
Q

What two cases are used for property

A

Kelly and Lindsay Oxford v Moss

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18
Q

What happened in kelly and lindsay

A

D used body parts as part of an art showcase

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19
Q

What did kelly and lindsay establish

A

Body parts can be property

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20
Q

What happened in Oxford v Moss

A

D had looked at information on a test before taking it

21
Q

What did Oxford v Moss establish

A

Information is not considered to be property

22
Q

What case is used for belonging to another

A

Turner no.2

23
Q

What happened in turner no.2

A

D stole his car from a garage without paying

24
Q

What did turner no.2 establish

A

The person the property belongs to is the person whos is in possession of it

25
Q

Which two cases are used for permanentaly deprive

A

Velumyl and Lloyd

26
Q

What happened in Velumyl

A

D stole money and gave back a different note, it must be the exact same property

27
Q

What happened in Lloyd

A

D used films and copied them then returned the films

28
Q

What did Lloyd establish

A

The property must be returned in the exact same state

29
Q

Define Robbery

A

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

30
Q

What cases are used in robbery

A 
Robinson
Corcoran v Anderton
Raphael
Dawson and James
Clouden
B and r v DPP
Hale 
Lockley
31
Q

Robinson

A

D owed £7 was given £5 then presented a knife and demanded the other £2
He was entitled to the money

32
Q

Corcoran v anderton

A

D steals a bad then drops it

He had intention to permanently deprive

33
Q

Raphael

A

D stole v’s car and offered £500 to buy it back

Used force to take it

34
Q

Dawson and James

A

D pushed v allowing another to steal v’s wallet

35
Q

Clouden

A

D wrenched shopping basket from v

Force need not be directed at v

36
Q

B and r v DPP

A

V was thieves by a group

V doesn’t need to apprehend any violence

37
Q

Hale

A

D tied v up and stole from her

Happened during the theft

38
Q

Lockley

A

Shoplifted beer and tries to leave but was stopped

39
Q

What are the two sections for burglary

A

9.1a and 9.1b

40
Q

What is burglary 9.1a

A

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

41
Q

What is burglary 9.1b

A

D steals or attempts to steal or d inflicts or attempts to inflict gbh once entering a building or part of a building

42
Q

What cases are used for burglary

A 
Brown 
Collins
Ryan
Walkington 
B and s leathley 
Norfolk constabulary v seeking a and Gould
Smith and Jones
43
Q

What is brown

A

D rummaged a shop with top half of his body

He had entered the building

44
Q

What happened in Collins

A

D had sexual intercourse with a woman after climbing a ladder
He wasn’t a trespasser

45
Q

What happened in Ryan

A

D got stuck entering a house

He entered with intention

46
Q

What happened in walkington

A

D opened a till at a counter area

Was a trespasser

47
Q

What happened in B and S leathley

A

There was a 25 ft freezer with locks

The freezer was a building

48
Q

What happened In Norfolk constabulary v seekings and Gould

A

A trailer had steps and electricty supply

Anything on wheels is not a building

49
Q

What happened in smith and jones

A

Some stole a tv from dads house

Son exceeded permission granted

Law (13 decks)

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