Property

Question 1

Theft definition

Answer 1

S.1 theft act 1968 - dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

Question 2

Theft steps

Answer 2

1. Appropriation
2. Property
3. Belonging to another
4. Dishonest
5. Intention to permanently deprive

Question 3

1. Appropriation cases

Answer 3

S.3 theft act 1968- assumption by a person of the rights of the owner of the property

Morris- it is enough for assumption of any of the rights of the owner- does not need to be all the rights

Question 4

1. Appropriation specific cases

Answer 4

Lawrence- appropriation can occur even when there is consent

Hinks- appropriation can take place even if it was a voluntary gift

Question 5

2.property

Answer 5

S.4 (1) theft act 1968- property includes money and all other property real or personal including things in action is and other tangible property

Oxford v moss- confidential information is not theft

Question 6

3. Belonging to another

Answer 6

S.5 theft act 1968- property belongs to someone who has possession or control or any proprietary right or interest in it

Question 7

Belonging to another- possession and control

Answer 7

Turner - can be guilty of stealing your own property

Woodman- can be in possession or control without knowing its there

Question 8

Belonging to another- under obligation

Answer 8

S.5 (3) theft act 1968- person receives property under an obligation to the other to retain and deal

Davidge v bunnett - Mission or control remains with the other person

Question 9

Belonging to another - abandoned property

Answer 9

Williams v philips- Rubbish left in a dustbin for the council to collect becomes owned by the council

Question 10

4. Dishonest

Answer 10

S.2 (1)- situations where it would NOT be dishonest

A) belief that defendant has in law the right deprive the other of it

B) belief that he would have the others consent

C) belief that the person who owns the property cannot be discovered by taken reasonable steps

Question 11

Dishonest (ghosh test)

Answer 11

1) would defendants behaviour be regarded as dishonest by a reasonable and honest person
2) was defendant aware that his conduct was dishonest

Question 12

5. Intention to permanently deprive

Answer 12

S.6 theft act 1968- Has intention to permanently deprive if his intention is to treat it as his own

Question 13

Intention to permanently deprive ( conditional intent )

Answer 13

Easom- conditional intent is Insufficient for mens rea of theft

Question 14

Robbery definition

Answer 14

s.8 theft act 1968- defendant steals and immediately before or at the time of doing so and in order to do so uses force

Question 15

Robbery steps

Answer 15

1. Force used
2. Immediately before or at the time of stealing
3. In order to steal

Question 16

1. Force used

Answer 16

Dawson + james- the word force is given its ordinary meaning

B + R v Dpp- doesn’t matter if victim is actually put in fear or not

Clouden- Does not have to be direct force on V

Question 17

2. Immediately

Answer 17

Hale- if force is after the stealing it can still be satisfied if it is a continuing appropriation

Corocoran + anderton - robbery can be committed at the point of appropriation even though D fails to steal anything

Question 18

3.in order to steal

Answer 18

Force / threat must be in order to steal

It is not robbery if the force was used to escape

Question 19

Duress definition

Answer 19

Graham- defendant was impelled to act as he did because he feared death/serious physical harm and he responded as a sober person of reasonable firmness sharing his characteristics would have done

Question 20

Duress steps

Answer 20

1. Nature of threat
2. Who the threat was made to
3. Was the threat connected to the offence
4. Defendant was reasonable and genuine in belief of threat
5. The defendant responded as reasonable and sober person
6. Immediacy of threat and possible escape
7. Was it self induced

Question 21

1. Nature of threat

Answer 21

Graham- D must have feared death or serious physical injury

Valderrama - vega - must be threats of death and serious injury

Question 22

2. Who

Answer 22

Valderrama- vega - can be made to a member of d’s immediate family

Hasan- can be made to a person for whose safety the defendant would reasonably regard himself as responsible

Question 23

3. Connection between threat and offence

Answer 23

Cole- must be a connection between threats made to defendant and the offence committed in response to the threats

Question 24

4. Reasonable and genuine in belief of threat

Answer 24

Hasan- defendant must reasonably and genuinely believe the threat will be carried out

Question 25

5. Respond as a sober person of reasonable firmness

Answer 25

Graham- did defendant respond as a sober person of reasonable firmness sharing the characteristics of defendant

Bowen: characteristics are relevant

• age and sex
• physical disability
• pregnancy
• mental illness

Question 26

6. Immediacy/ chance of escape

Answer 26

Hasan- The defendant must believe the threats will be carried out immediately almost immediately

Question 27

7. Self induced

Answer 27

Sharp- where a person voluntarily and we have knowledge of its nature join the criminal organisation and he knew it would bring pressure of committing an offence and he was an active member

Hasan- defendant voluntarily associates with others who engage in criminal activity