Property Offence Flashcards
What does theft define as?
A person commits theft if he dishonesty appropriated property belonging to another with the intention of permanently depriving them of it.
How many sections of AR and MR are their in theft?
4 AR
2MR
What does S2 Dishonestly define as?
If a person is dishonest
What are the dishonest S2 cases?
Barton and booth- what was D’s act? Was D dishonest according to the standard of ordinary people?
Belief in legal rights- R v Holden
Belief in loss property- R V Small
Belief in consent- right to take
What does S3 Appropriation define as?
“Any assumptions of the rights of the owner amount to an appropriation”
R V morris
Facts: switched labels to pay cheaper price. Went checkout got arrested
Held: guilty
Ratio: assuming one of the owners right is sufficient appropriation adverse interference
Lawrence V MPC
Facts: charged Italian tourist extra
Held: guilty
Ratio: V consented, they did so through deception
R v Gomez
Facts: Assistant manger and store manger accepted fraudulent
Held: guilty
Ratio: appropriation make take place through consent but trickery makes it dishonest, therefore theft
R V hinks
Facts: befriended a 53 year old with learning difficulties.
Held: guilty
Ratio: Gifts may be appropriated if deceit and trickery are present
S4 property what does this mean?
Money and all other property, real and personal, including things in action and other intangible property.
R V Kelly
Facts: stolen 40 body parts in a surgeon
Held: guilty
Ratio: Body parts amount to property because they had lawful skill applied
Oxford V Moss
Facts: got hold of a exam paper
Held: Not guilty
Ratio: confidential information can’t amount to property
Land (4(2) Plants (4(3) Wild animals (4(4)
Land can’t be stolen unless a person takes remaining fixtures from it
Plants cannot be stolen unless they are used for commercial purposes
Wild animals cannot be stolen unless it’s in possession of somebody eles
S5 what does Belonging to another mean?
any person having possession or in control
R V turner
Facts: Took his car to garage to fix. Was left on side road took spare keys n took it home
Held: guilty
Ratio: When the property is in possession of somebody eles D may be guilty of theft for taking something back that already belongs to them.
Williams V Phillips
Facts: bin owners took rubbish out of bin
Held: guilty
Ratio: Rubbish still had owner. Transferred to council when collected
Ownerless property-
R V small
R V Rostan
R V (on the application of rickets) V basilden magistrate
R V Small
Abandoned property cannot be stolen
R V rostan
They still belonged to the owner of golf course
R V (on the application of rickets) V Basildon magistrates
They property was not abandoned still belonged to the doners
Property recieved for a particular purpose S5(3)
R V hale
Davidge V bunnet
R V wain
R V hale
Facts: lost money from a travel agent
Held: not guilty
Ratio: money had not been used in an unauthorised way.
Davidge V bunnet
Legal obligation to use money for gas bills under S5(3)
R V wain
Ratio: Had legal obligation to pay money through charity
S5 (4) Property received by mistake mean
R V Gilks
A-G reference
R V Webster
R V gilks
Facts: overpaid
Ratio: D reached S5(4) by not returning money
A-G reference
Overpacked and didn’t inform, failed to notify payee
R V Webster
Item received by mistake should have returned it
S6 what does with the intention of permanently depriving them of it mean?
Taking the object from somebody eles and treating it like your own
R V Warner
Did not have the intention to permanently deprive
R V lloyd
Ratio: films returned in same conditions D had not intention to permanently deprive
R V Easom
Conditional theft is not sufficient for theft
R V Velumly
D was no going to return exact notes, therefore theft
DPP V lavender
Treating council door like their own was theft
What is robbery
Somebody commits theft accompanied by force or threat of force
What are the AR/MR elements for robbery
AR- force/threat
MR/ intention threatened force to steal
What is Robbery?
Robbery is when somebody commits theft accompanied by force or threat of force
What offence is robbery and what is the sentence?
Indictable and life imprisonment
Is a person who uses force and believes he has right to take money guilty of theft?
No R V Robinson case is applied
Ratio: Belief he had legal rights to take money and was not dishonest under S2 Theft act 1968
R V zerei
Facts: Abandoned stolen car and left I damaged
Held: Not guilty
Ratio: had no intention to permanently deprive V of the car, no completed theft, no robbery
Temporary appropriation-
Corcoan V Anderson
Facts: hit a women and grabbed handbag
Held: guilty
Ratio: There had been appropriation as soon as he grabbed bag and assumed rights to take
Will u be guilty if u do not achieve appropriation
No not guilty
Force or threat of force-
Dawson + james
Ratio: Amount of force used or threaded may be small but it’s upto jury to determine
R V Clouden
Ratio: force used to snatched basket was sufficient for robbery
P V DPP
Ratio: Insufficient force as no direct contact made
What does in order to steal mean?
Force or threat force must be used in order to steal
Force must be first to be guilty
What does Immediate before or at the time of stealing mean
Force used immediate before or at time stealing
R V Hale
Theft was continuing act, tying V up to get away was force in order to steal
R V lockley
Following R V Hale, theft was continuing act, force was used in order to steal
What is the Men’s Reus if Robbery
Intention to use force or threat of force
What are 2 cases to be used?
R V Robinson= had legal rights to take money was not dishonest under S2 dishonest theft act
B V R V DPP= D intended to use force to make V fear
