Property Offences

Question 1

What is the definition of theft?

Answer 1

Theft Act 1968 - “the dishonest appropriation of property belonging to another, with the intention to permanently deprive”

Question 2

What is appropriation defined as?

Answer 2

S.3 - “assuming the rights of an owner”

Question 3

What are the two cases to do with appropriation?

Answer 3

Morris - any interference with any of the owners rights is enough

Gomez - the appropriation must be dishonest

Question 4

What are the two side rules for appropriation?

Answer 4

Consent - still an appropriation when the owner consents to the taking (Lawrence)
Gifts - still an appropriation (Hinks)

Question 5

What are the four types of property that can be stolen?

Answer 5

From S.4:
-Money
-Personal items
-Intangible (stocks and shares)
-Real Property (land etc)

Question 6

What are the three types of property that can not be stolen?

Answer 6

-Knowledge (Oxford v Moss)
-Electricity
-Wild plants/animals

Question 7

What is S.5 of the Theft Act 1968?

Answer 7

Belonging to another - property belongs to another if they have possession or control over it, or a right or interest in it

Question 8

What is the side rule for stealing your own property? name the key case

Answer 8

Stealing your own property - if someone else has a right or interest in your property, or possession or control over it, you can steal your own property (Turner)

Question 9

What is the side rule for lost and abandoned property in theft?

Answer 9

Lost: S5.1 - The original owner still has a right or interest in it, the property still legally belongs to them
Abandoned: The owner must have an intention to abandon property (Basildon)

Question 10

What are the two side rules for money in theft? name the key cases

Answer 10

Money for a particular purpose - S5.3: you must use the money for the purpose intended (Davidge v Bennet)
Receiving money by mistake - S5.4: you are under an obligation to return the money (AG’s ref)

Question 11

What are the two parts to the mens rea of theft?

Answer 11

-Dishonesty
-Intention to permanently deprive

Question 12

What is dishonesty for the mens rea of theft?

Answer 12

If D falls into any of the ‘three negatives’ they are not dishonest:
-D believes they have a right in law to the property
-D believes the owner would have consented to the taking
-D believes the owner cannot be discovered through reasonable steps

Question 13

What is the dishonesty test? (theft)

Answer 13

Used if D does not fit into any of the ‘three negatives’:
“Was the D dishonest by the standards of ordinary, honest and reasonable people?” (Ivey v Genting Casinos/ R v Barton&Booth)

Question 14

What is meant by the intention of permanently deprive?

Answer 14

S6.1 - where the D intends to treat the item as its own regardless of the owners rights

Question 15

What are the three side rules for the mens rea of theft?

Answer 15

-Replace (Velumyl)
-Borrow (Lloyd)
-Conditional Intent (Easom)

Question 16

What was held in the side rule of replacement in the mens rea of theft?

Answer 16

Even if you intend to replace stolen property, you cannot replace the exact notes therefore you still have the intention (Velumyl)

Question 17

What was held in the side rule or borrowing within the mens rea of theft?

Answer 17

Even if you give the property back in the exact same state, you have the intention as the “goodness, virtue and value had gone out of the item” (Lloyd)

Question 18

What was held in the side rule of conditional intent within the mens rea of theft?

Answer 18

If the D will only take something if it is worth taking, this it not enough for theft and will instead be an attempt (Easom)

Question 19

What is the definition of robbery?

Answer 19

S8 of Theft Act 1968 - where “D steals and immediately before or at the time, and in order to do so, used force or the threat of force”

Question 20

What is stage one of robbery?

Answer 20

D must have committed a theft (Robinson)

Question 21

What is stage two of robbery?

Answer 21

D must use force or threat of force (Dawson) - any amount of force is enough

Question 22

What are the two side rules for force in robbery?

Answer 22

Indirect force - still enough for a robbery (Clouden)
Threat of force - threat of force can be expressed or implied, and V does not have to actually be in fear as D seeks this anyway which is enough (B&R v DPP)

Question 23

What is stage three of robbery?

Answer 23

Force must be used immediately before, or at the time of the theft (Hale) - held that appropriation is a continuing act so that as long as the force takes place at some point it is enough

Question 24

What is stage four of robbery?

Answer 24

force must be used in order to steal (Lockley)

Question 25

What is the mens rea for robbery?

Answer 25

-Establish mens rea of theft first (dishonesty and intention to permanently deprive)
The mens rea of robbery is the intention to use force or the threat of force (Mohan)