Property Offences Flashcards
S.1 Theft act 1968 Defines theft act
Dishonestly (s.2) / appropriates (s.3)/ property (S.4) / belonging to another (s.5) / with the intention to permanently deprive (s.6)
Appropriation
Assuming owner rights (Morris)
Any interference with the owners rights is enough
Gomez- the appropriation must be dishonest
Side rule theft appropriation
you appropriate property to even when the owner consents to you taking it (LAWRENCE)
Side rule theft appropriation
You appropriate property even if you received it as a gift
HINKS
2) property
Types
Money
Person property
Intangible property
Real property
Things that don’t class as property
Electricity
Wild animals
Knowledge ( Oxford V Moss)
Wild plant fruits flower
3) belonging to another
S.5 property belongs to someone who has possession or control over it , or any right or interest in it
Side rule theft- belonging to another
Receiving money by mistake (must return)
AGs Ref
Side rule theft - belonging to another (2)
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
Side rule theft - belonging to another (3)
Lost property
S.5(1) if you lose property - you still have a ‘right or interest in it”
Property still legally belongs to you
Side rule theft - belonging to another (4)
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
Side rule theft - belonging to another (5)
Holding money for a particular purpose
Must use money for the purpose it was given
DAVIDGE V BENNETT
Mens rea for theft is
Dishonesty
Intention to permanently deprive
No definition in law to define dishonesty. But it is defined by 3 negatives/3 scenarios under the act where D is not dishonest
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
Otherwise apply the “dishonesty test”
Was the D dishonest by the standards of ordinary honest and reasonable people
Ivery v genting casinos
R V BARTON & BOOTH
Theft . Intention to permanently deprive
S.6(1) where the D intends to treat the item as his own regardless of the owners rights
Side rule: intention to permanently deprive (1)
Intending to replace property
can’t replace exact coins and notes
R V VELUMYL
Side rule: intention to permanently deprive (2)
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
Side rule: intention to permanently deprive (3)
Conditional intent
R V EASON
if you only intend to steal something worth stealing
Robbery is theft and force
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
Stage 1 robbery
D must have committed a theft
R v Robinson
In exam : a theft has already been established above
Stage 2 robbery
Froce or threat of force must be used
Dawson - any amount of force is enough
Side rule robbery (1)
Indirect force (force now actually inflicted on V) is enough for robbery
Clouden
Side rule robbery (2)
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
