Property Offences

Question 1

S.1 Theft act 1968 Defines theft act

Answer 1

Dishonestly (s.2) / appropriates (s.3)/ property (S.4) / belonging to another (s.5) / with the intention to permanently deprive (s.6)

Question 2

Appropriation

Answer 2

Assuming owner rights (Morris)
Any interference with the owners rights is enough

Gomez- the appropriation must be dishonest

Question 3

Side rule theft appropriation

Answer 3

you appropriate property to even when the owner consents to you taking it (LAWRENCE)

Question 4

Side rule theft appropriation

Answer 4

You appropriate property even if you received it as a gift
HINKS

Question 5

2) property
Types

Answer 5

Money
Person property
Intangible property
Real property

Question 6

Things that don’t class as property

Answer 6

Electricity
Wild animals
Knowledge ( Oxford V Moss)
Wild plant fruits flower

Question 7

3) belonging to another

Answer 7

S.5 property belongs to someone who has possession or control over it , or any right or interest in it

Question 8

Side rule theft- belonging to another

Answer 8

Receiving money by mistake (must return)
AGs Ref

Question 9

Side rule theft - belonging to another (2)

Answer 9

Can steal your own property if you wake it while someone else has a right or interest or possession or control over it.
R V TURNER

Question 10

Side rule theft - belonging to another (3)

Answer 10

Lost property
S.5(1) if you lose property - you still have a ‘right or interest in it”
Property still legally belongs to you

Question 11

Side rule theft - belonging to another (4)

Answer 11

Abandoned property - BASILDON
Cannot steal property that is abandoned because it has no owner.
For the owner to abandon property there must be an intention to abandon the property

Question 12

Side rule theft - belonging to another (5)

Answer 12

Holding money for a particular purpose
Must use money for the purpose it was given

DAVIDGE V BENNETT

Question 13

Mens rea for theft is

Answer 13

Dishonesty
Intention to permanently deprive

Question 14

No definition in law to define dishonesty. But it is defined by 3 negatives/3 scenarios under the act where D is not dishonest

Answer 14

S.2(1)a- D believes they have a right in law to the property

S.2(1)b- D believes the owner would consent to him taking the property

S.2(1)c- D believes the owner cannot be discovered by taking reasonable steps

Question 15

Otherwise apply the “dishonesty test”

Answer 15

Was the D dishonest by the standards of ordinary honest and reasonable people
Ivery v genting casinos
R V BARTON & BOOTH

Question 16

Theft . Intention to permanently deprive

Answer 16

S.6(1) where the D intends to treat the item as his own regardless of the owners rights

Question 17

Side rule: intention to permanently deprive (1)

Answer 17

Intending to replace property
can’t replace exact coins and notes
R V VELUMYL

Question 18

Side rule: intention to permanently deprive (2)

Answer 18

Intending to borrow property
LLOYD
borrowing can be theft if you give property back but the goodness value and virtue has been taken out
E.g bus pass

Question 19

Side rule: intention to permanently deprive (3)

Answer 19

Conditional intent
R V EASON
if you only intend to steal something worth stealing

Question 20

Robbery is theft and force

Answer 20

S.8 theft act 1968
D steals and immediately before or at the time of doing so, or in order to do do used force or the threat of force

Question 21

Stage 1 robbery

Answer 21

D must have committed a theft
R v Robinson
In exam : a theft has already been established above

Question 22

Stage 2 robbery

Answer 22

Froce or threat of force must be used

Dawson - any amount of force is enough

Question 23

Side rule robbery (1)

Answer 23

Indirect force (force now actually inflicted on V) is enough for robbery
Clouden

Question 24

Side rule robbery (2)

Answer 24

Threat of force
threat of force can be expressed or implied and v doesn’t have to actually be in fear. It is enough that D seeks to put V in fear
B&R V DPP

Question 25

Stage 3 robbery

Answer 25

The Force must be used before or at the time of theft and must be connected to the theft
R v Hale

Question 26

Stage 4 robbery

Answer 26

Lockley - Force must be used in order to steal if D is still on the premises
E.g in order to escape

Question 27

Mens rea of robbery =

Answer 27

Mens rea of theft (dishonesty + itpd)

Men rea of robbery: intention to use force or threat of force

(When you apply you can write ‘‘the mens rea of theft has already been established above”)