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Criminal LAW > Property Offences > Flashcards

Property Offences Flashcards

1
Q

Theft: governed by

A

S1 (1) theft act 1968

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2
Q

Theft: appropriation is governed by

A

S3 (1) theft act 1968

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3
Q

Theft: property is governed by

A

S4 (1) theft act 1968

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4
Q

Theft: belonging to another is governed by

A

S5 (1) theft act 1968

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5
Q

Theft: dishonestly is governed by

A

S2(1) theft act 1968

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6
Q

Theft: with intention to permanently deprive

A

S6 (1) theft act 1968

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7
Q

Theft: only one right has to assumed to be appropriation

A

Morris

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8
Q

Theft: appropriation can occur without the V being deprived of their property

A

Pitham

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9
Q

Theft: consent obtained fraudulently is an appropriation

A

Gomez

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10
Q

Theft: money is property

A

Coins and banknotes

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11
Q

Theft: personal property

A

Movable items

Kelly and Lindsay

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12
Q

Theft: real property

A

Land, buildings and fixtures/fittings

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13
Q

Theft: things in action property

A

An intangible item that allows people to gain access to benefits (bank account)

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14
Q

Theft: knowledge is not property

A

Oxford

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15
Q

Theft: wild creatures cannot be stolen

A

S4(4) theft act 1968

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16
Q

Theft: wild flowers are not property unless used for commercial gain

A

S4(3) theft act 1968

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17
Q

Theft: was not under obligation to deal with money in a particular way as it wasn’t stated for what it should be used for

A

Hall

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18
Q

Theft: D has an obligation to return property received by mistake

A

S5(4) theft act 1968

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19
Q

Theft: honest belief they had a legal right to appropriate the property

A

S2(1)(a) theft act 1968

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20
Q

Theft: honest belief that the owner of the property would consent to the D appropriating the property

A

S2(1)(b) theft act 1968

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21
Q

Theft: honest belief that the owner cannot be found by taking reasonable steps

A

S2(1)(c) theft act 1968

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22
Q

Theft: Ivey test for dishonesty

A

. What was the Ds actual knowledge and beliefs to the facts
. Would the reasonable and honest person consider this persons state of mind dishonest

23
Q

Theft: treating the property as their own regardless of the owners rights

24
Q

Theft: intention to permanently deprive as it is an outright taking and disposal

25
Q

Theft: under obligation to deal with money in a particular way

A

Davidge v Bunnett

26
Q

Robbery: governed by

A

S8(1) theft act 1968

27
Q

Robbery: the D must have committed a theft

28
Q

Robbery: the slightest appropriation is sufficient for a completed theft, as the D would have had a sufficient degree of control over the property

29
Q

Robbery: the D uses force before or at the time of the stealing

A

S8(1) theft act 1968

30
Q

Robbery: a continuing act is at the time of the stealing, as the D is using force to get away with the property

31
Q

Robbery: the D must use force or intend to put any person in fear of force

A

S8(1) theft act 1968

32
Q

Robbery: a nudge or jostling is sufficient for force

A

Dawson and James

33
Q

Robbery: the V doesn’t have to fear force. All that matter is the D intended them to fear it

34
Q

Robbery: unnoticeable force is not force

35
Q

Robbery: force can be applied indirectly

36
Q

Robbery: a threat of future force is insufficient, it must be there and then

37
Q

Robbery: the threat does not have to be as the V imagines it

38
Q

Robbery: the force can be on any person

A

S8(1) theft act 1968

39
Q

Robbery: it can be applied directly or indirectly to any person

40
Q

Robbery: the force must be used in order to steal

41
Q

Robbery: dishonest to appropriate property with an intention to permanently deprive

A

S2 theft act 1968 -then- s6 theft act 1967

42
Q

Robbery: Direct intent to use force to steal

A

Mohan / vinall

43
Q

Burglary: governed by

A

S9(a) and S9(b) theft act 1968

44
Q

Burglary: an effective and substantial entry has taken place

45
Q

Burglary: effective and substantial entry if he could handle the goods inside

46
Q

Burglary: substantial and effective entry despite their body not fully entering

47
Q

Burglary: a building is an inhabited place such as a houseboat or caravan

A

S9(4) theft act 1968

48
Q

Burglary: a building must be intended to be permanent, or at least to endure for a considerable time

A

Stevens v gourley

49
Q

Burglary: a D can be a trespasser to a part of a building, due to not having permission to enter that part of the building

A

Walkington

50
Q

Burglary: a person who is given permission to enter for one purpose but in fact enters for another purpose is entering as a trespasser

A

Smith and jones

51
Q

Burglary: D had direct intent to trespass

52
Q

Burglary: reckless as to trespass

53
Q

Burglary: conditional intent

A

Attorney general reference (no1 and 2 for 1979)

54
Q

Burglary: a lorry trailer on wheels used for storage was not a building. As the non-removal of its wheels indicates it is a vehicle

A

Seekings and Gould

Criminal LAW (6 decks)

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