Property and Preliminary Offences

Question 1

Theft: ‘d______ appropriates p______ belonging to another with the i_____ of p_______ depriving the other of it’ s(_) of the Theft Act 1968

Answer 1

Dishonestly, property, intention, permanently, s(1)

Question 2

Appropriation is which section of the Theft Act 1968?

Answer 2

s3

Question 3

From which case does the definition of appropriation - ‘any assumption as to the rights of the owner’ - come from?

Answer 3

Morris - price label on an item for a cheaper one

Question 4

What do the cases of Hinks and Gomez tell us about consent regarding appropriation?

Answer 4

That consent is irrelevant

Question 5

What is the definition of property and what section no. is this?

Answer 5

‘Money and all other property, real or personal’ - s4(1)

Question 6

What is not property in Oxford v Moss?

Answer 6

Confidential information - exam questions

Question 7

What does ‘real’ property mean?

Answer 7

Land

Question 8

Belonging to another is defined as ‘any person having p_______ or c_____ of it or having it in any p_______ interest’ in s5(1)

Answer 8

Possession, control, proprietary

Question 9

Which case tells us that D can steal their own property and what happened in this case?

Answer 9

Turner - stole his own car from a repair shop without paying

Question 10

Which section of the Theft Act states that where property has been received for a specific purpose and is not used for said purpose, it is still regarded as belonging to another?

Answer 10

s5(3)

Question 11

What does s5(4) tell us about property belonging to another?

Answer 11

Where property is received by mistake, intention not to correct this mistake is sufficient

Question 12

What are the two elements of mens rea in theft?

Answer 12

Dishonesty and intention to permanently deprive

Question 13

s2(1)(a) states a person will not be dishonest if he appropriates property with the belief that _____________?

Answer 13

He has the right in law to deprive the other of it (Small)

Question 14

What does s2(1)(b) tell us about dishonesty?

Answer 14

A person is not dishonest if they believe they would have the other’s consent in the circumstances

Question 15

The belief that the owner cannot be discovered by taking reasonable steps comes from which section?

Answer 15

s2(1)(c)

Question 16

What is the test from Ivey? (Previously the Ghosh test)

Answer 16

Was it dishonest according to the ordinary standards of reasonable honest people?

Question 17

Intention to permanently deprive is defined as ‘intention to t____ the thing as his own to d_____ regardless of the other’s rights’ in s6(1)

Answer 17

Treat, dispose

Question 18

Intention to permanently deprive can be satisfied by borrowing (L____) if it has lost it’s ‘g______ and v____’

Answer 18

(Lloyd), goodness, virtue

Question 19

Robbery is essentially t_____ + f_____

Answer 19

Theft + force

Question 20

When must the threat/use of force take place during the theft for it to be robbery?

Answer 20

Immediately or at the time of the theft, and in order to do so (Lockley)

Question 21

Which case tells us that minimal force (eg. pushing) is sufficient for robbery?

Answer 21

Dawson

Question 22

What does the case of Hale tell us about the use of force in order to steal?

Answer 22

Force used in escape is regarded as part of a continuing act and satisfies the ‘in order to do so’ requirement

Question 23

Attempt: ‘a person does an act that is more then m____ p_________ to the commission of the offence’

Answer 23

Merely preparatory

Question 24

True or false: Attempt can either be through an act or an omission

Answer 24

False - acts only

Question 25

What does O’Toole tell us about the mens rea of attempt?

Answer 25

That recklessness is insufficient - intention only

Question 26

What happened in Guellefer and why was the conviction quashed?

Answer 26

D tried to stop a greyhound race after realising the dog he had backed was losing in the hopes of the race being stopped and recovering his stake - he had not gone beyond mere preparation (demanding his money back from the bookmaker)

Question 27

For attempt, there must be a ‘demarcation between planning/p_______ and e_______ on an active endeavour to commit the offence’

Answer 27

Planning, embarkation