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Lawww > Property Offence > Flashcards

Property Offence Flashcards

1
Q

What does theft define as?

A

A person commits theft if he dishonesty appropriated property belonging to another with the intention of permanently depriving them of it.

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2
Q

How many sections of AR and MR are their in theft?

A

4 AR
2MR

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3
Q

What does S2 Dishonestly define as?

A

If a person is dishonest

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4
Q

What are the dishonest S2 cases?

A

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

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5
Q

What does S3 Appropriation define as?

A

“Any assumptions of the rights of the owner amount to an appropriation”

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6
Q

R V morris

A

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

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7
Q

Lawrence V MPC

A

Facts: charged Italian tourist extra
Held: guilty
Ratio: V consented, they did so through deception

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8
Q

R v Gomez

A

Facts: Assistant manger and store manger accepted fraudulent
Held: guilty
Ratio: appropriation make take place through consent but trickery makes it dishonest, therefore theft

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9
Q

R V hinks

A

Facts: befriended a 53 year old with learning difficulties.
Held: guilty
Ratio: Gifts may be appropriated if deceit and trickery are present

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10
Q

S4 property what does this mean?

A

Money and all other property, real and personal, including things in action and other intangible property.

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11
Q

R V Kelly

A

Facts: stolen 40 body parts in a surgeon
Held: guilty
Ratio: Body parts amount to property because they had lawful skill applied

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12
Q

Oxford V Moss

A

Facts: got hold of a exam paper
Held: Not guilty
Ratio: confidential information can’t amount to property

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13
Q

Land (4(2) Plants (4(3) Wild animals (4(4)

A

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

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14
Q

S5 what does Belonging to another mean?

A

any person having possession or in control

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15
Q

R V turner

A

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.

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16
Q

Williams V Phillips

A

Facts: bin owners took rubbish out of bin
Held: guilty
Ratio: Rubbish still had owner. Transferred to council when collected

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17
Q

Ownerless property-

A

R V small
R V Rostan
R V (on the application of rickets) V basilden magistrate

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18
Q

R V Small

A

Abandoned property cannot be stolen

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19
Q

R V rostan

A

They still belonged to the owner of golf course

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20
Q

R V (on the application of rickets) V Basildon magistrates

A

They property was not abandoned still belonged to the doners

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21
Q

Property recieved for a particular purpose S5(3)

A

R V hale
Davidge V bunnet
R V wain

22
Q

R V hale

A

Facts: lost money from a travel agent
Held: not guilty
Ratio: money had not been used in an unauthorised way.

23
Q

Davidge V bunnet

A

Legal obligation to use money for gas bills under S5(3)

24
Q

R V wain

A

Ratio: Had legal obligation to pay money through charity

25
Q

S5 (4) Property received by mistake mean

A

R V Gilks
A-G reference
R V Webster

26
Q

R V gilks

A

Facts: overpaid
Ratio: D reached S5(4) by not returning money

27
Q

A-G reference

A

Overpacked and didn’t inform, failed to notify payee

28
Q

R V Webster

A

Item received by mistake should have returned it

29
Q

S6 what does with the intention of permanently depriving them of it mean?

A

Taking the object from somebody eles and treating it like your own

30
Q

R V Warner

A

Did not have the intention to permanently deprive

31
Q

R V lloyd

A

Ratio: films returned in same conditions D had not intention to permanently deprive

32
Q

R V Easom

A

Conditional theft is not sufficient for theft

33
Q

R V Velumly

A

D was no going to return exact notes, therefore theft

34
Q

DPP V lavender

A

Treating council door like their own was theft

35
Q

What is robbery

A

Somebody commits theft accompanied by force or threat of force

36
Q

What are the AR/MR elements for robbery

A

AR- force/threat
MR/ intention threatened force to steal

37
Q

What is Robbery?

A

Robbery is when somebody commits theft accompanied by force or threat of force

38
Q

What offence is robbery and what is the sentence?

A

Indictable and life imprisonment

39
Q

Is a person who uses force and believes he has right to take money guilty of theft?

A

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

40
Q

R V zerei

A

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

41
Q

Temporary appropriation-
Corcoan V Anderson

A

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

42
Q

Will u be guilty if u do not achieve appropriation

A

No not guilty

43
Q

Force or threat of force-
Dawson + james

A

Ratio: Amount of force used or threaded may be small but it’s upto jury to determine

44
Q

R V Clouden

A

Ratio: force used to snatched basket was sufficient for robbery

45
Q

P V DPP

A

Ratio: Insufficient force as no direct contact made

46
Q

What does in order to steal mean?

A

Force or threat force must be used in order to steal
Force must be first to be guilty

47
Q

What does Immediate before or at the time of stealing mean

A

Force used immediate before or at time stealing

48
Q

R V Hale

A

Theft was continuing act, tying V up to get away was force in order to steal

49
Q

R V lockley

A

Following R V Hale, theft was continuing act, force was used in order to steal

50
Q

What is the Men’s Reus if Robbery

A

Intention to use force or threat of force

51
Q

What are 2 cases to be used?

A

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

Lawww (13 decks)

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