Property and Preliminary Offences Flashcards
Theft: ‘d______ appropriates p______ belonging to another with the i_____ of p_______ depriving the other of it’ s(_) of the Theft Act 1968
Dishonestly, property, intention, permanently, s(1)
Appropriation is which section of the Theft Act 1968?
s3
From which case does the definition of appropriation - ‘any assumption as to the rights of the owner’ - come from?
Morris - price label on an item for a cheaper one
What do the cases of Hinks and Gomez tell us about consent regarding appropriation?
That consent is irrelevant
What is the definition of property and what section no. is this?
‘Money and all other property, real or personal’ - s4(1)
What is not property in Oxford v Moss?
Confidential information - exam questions
What does ‘real’ property mean?
Land
Belonging to another is defined as ‘any person having p_______ or c_____ of it or having it in any p_______ interest’ in s5(1)
Possession, control, proprietary
Which case tells us that D can steal their own property and what happened in this case?
Turner - stole his own car from a repair shop without paying
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?
s5(3)
What does s5(4) tell us about property belonging to another?
Where property is received by mistake, intention not to correct this mistake is sufficient
What are the two elements of mens rea in theft?
Dishonesty and intention to permanently deprive
s2(1)(a) states a person will not be dishonest if he appropriates property with the belief that _____________?
He has the right in law to deprive the other of it (Small)
What does s2(1)(b) tell us about dishonesty?
A person is not dishonest if they believe they would have the other’s consent in the circumstances
The belief that the owner cannot be discovered by taking reasonable steps comes from which section?
s2(1)(c)
What is the test from Ivey? (Previously the Ghosh test)
Was it dishonest according to the ordinary standards of reasonable honest people?
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)
Treat, dispose
Intention to permanently deprive can be satisfied by borrowing (L____) if it has lost it’s ‘g______ and v____’
(Lloyd), goodness, virtue
Robbery is essentially t_____ + f_____
Theft + force
When must the threat/use of force take place during the theft for it to be robbery?
Immediately or at the time of the theft, and in order to do so (Lockley)
Which case tells us that minimal force (eg. pushing) is sufficient for robbery?
Dawson
What does the case of Hale tell us about the use of force in order to steal?
Force used in escape is regarded as part of a continuing act and satisfies the ‘in order to do so’ requirement
Attempt: ‘a person does an act that is more then m____ p_________ to the commission of the offence’
Merely preparatory
True or false: Attempt can either be through an act or an omission
False - acts only
