Property Offences

Question 1

What does the office for national statistics show in 2015?

Answer 1

• 1/4 million reports of shoplifting

- 1/2 million reports of fraud offences

Question 2

Where would most these cases be tried and whats the max sentence there and the problems included from this?

Answer 2

• In the Magistrates
• 6 months
• Magistrates are not representative of society based on notions of what dishonesty is

Question 3

What is the main question left to the jury?

Answer 3

• It’s a question of dishonesty

Question 4

what type of offence is theft?

Answer 4

• An either way offence

Question 5

Where can the definition of Theft be found and what is it?

Answer 5

• Theft Act 1968
• If he dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it

Question 6

• What section defines the meaning of property and what is it?

Answer 6

• Section 4 of the Theft Act 1968

- ‘Includes money and all other property real or personal including things in action and other intangible property’

Question 7

Where is dishonesty defined?

Answer 7

• It is not defined and instead is left for the jury to decide

Question 8

R v Smith 2011

Answer 8

• someone stole V’s heroin
• Convicted but argued heroin not property as not lawful
• Conviction upheld

Question 9

Oxford V Moss 1979

Answer 9

• student took exam paper and charged with theft of confidential information
• Court agreed that information could not be property so conviction quashed

Question 10

R v Kelly

Answer 10

• Theft of body parts for art and argued a person cannot be property
• COA said body parts could be property if they have acquired different attributes by application of skill
• Conviction upheld

Question 11

where and what is appropriation defined as?

Answer 11

• Section 3 of the Theft Act

- Any assumption by a person of the right of an owner amounts to an appropriation

Question 12

R v Lawrence 1972

Answer 12

• Can be guilty of theft even if someone gives you the property
• Taxi driver took purse from foreign student to pay for taxi and took more money than needed
• Argues that student passed him the purse so was not theft
• Upheld conviction

Question 13

R v Morris 1983

Answer 13

• Swapping labels in a supermarket that amounted to an appropriation
• argues that Lawrence was wrongly decided

Question 14

R v Gomez 1993

Answer 14

• Established that to appropriate something is a value neutral term
• Decided that appropriation meant ‘ anything that you do in relation to someone else’s property’
• Theft comes down to the MR element

Question 15

R v Hinks

Answer 15

• Hinks befriended man with limited intelligence and became main carer
• over 6 months she accompanied him to the bank where he made withdrawals to her
• ’ was found that even acquiring a valid gift from someone can amount to an appropriation.’
• However man was not sufficiently low IQ to lack capacity to make the choice

Question 16

What section defines belonging to another?

Answer 16

• Section 5 (1) Theft Act 1968

Question 17

R v Turner 1971

Answer 17

• Can be convicted of stealing own property
• Taken car to garage and collected it without paying without garages consent
• Convicted
• COA said section 5(1) states ‘possession or control of it’ so the garage basically owned it at that time.

Question 18

Which section protects charities?

Answer 18

• Section 5(3) which provides and obligation to another to deal with property in a particular way
• stop people raising money for charity and spending it on themselves

Question 19

R v Wain 1995

Answer 19

• had been collecting money for charity (Nearly £3000) and payed it into a specific account for the charity
• He then moved the money to his own account, withdrew it and spent it.
• He argues although he had a moral obligation it was not illegal
• COA said ‘under an obligation to retain if not the actual notes and coins but the proceeds… to deal with in a particular way’
• As he set up a separate bank account he was aware of the obligation and so conviction upheld

Question 20

R v Hall 1973

Answer 20

• Travel agent received deposits for holidays
• Firm went into financial difficulty and he did not return the money
• Jury found him dishonest and convicted
• Appealed
• COA found that it was not clear that the clients expected him to retain and deal with their property in a particular way and therefore section 5(3) does not apply.

Question 21

What would have happened if Hall had been found guilty of theft?

Answer 21

• The net for criminal liability would have been broadened and that is not needed as people have other civil remedies to help them in these situations. No need for the criminal law to get involved.

Question 22

R v Velumyl 1989

Answer 22

• Took £1000 from a safe as a temporary borrowing in breach of company rules
• Convicted and appeal dismissed because he had not intended to return the actual notes and coins taken.

Question 23

R v Feely 1973

Answer 23

• ’ jurors should apply the current standards of ordinary decent people’ as to what is dishonest and they don’t need the help of the judge
• rely on jury

Question 24

Why is Feely controversial?

Answer 24

• Meaning of dishonesty changes from generation to generation
• Jurors will not be consistent in there interpretations of dishonesty
• Not just jurors but magistrates too as most cases main there

Question 25

R v Ghosh 1982

Answer 25

• Ghosh was a surgeon who claimed money for an operation done by someone else. Claimed the sums were paid for consultancy fees so not dishonest.
• In most cases the idea of dishonesty from Feely can be applied but in some cases more comprehensive help is needed
• Here he argued the test was subjective and the application from Feely was inadequate
• Two stage test was created

Question 26

What is the 2 stage test in Ghosh?

Answer 26

1- Was D dishonest according to the ordinary standards of reasonable and honest people?
2- Did the D realise that this was dishonest by those standards?
- Both have to be answered for there to be liability