PROPERTY OFFENCES

Question 1

THEFT ACT 1968

Answer 1

S.1 ‘A person s guilty of theft if they dishonestly appropriate property belonging to another with the intention to germanely deprive the other of it’

Question 2

THEFT AR

Answer 2

S.3 APPROPRIATION
S.4 PROPERTY
S.5 BELONGING TO ANOTHER

Question 3

S.3 APPROPRIATION

Answer 3

Appropriation is only assumption by a person of the right of an owner.
[MORRIS]

Question 4

S.4 PROPERTY

Answer 4

Includes money, all property, real or personal. Also includes things in action and intangible property.
[OXFORD V MOSS]

Question 5

S.5 BELONGING TO ANOTHER

Answer 5

Property is regarded if it belongs to another or if it has control over. Also having an proprietary rights or trusts.
[WOODMAN]

Question 6

THEFT MR

Answer 6

S.2 DISHONESTY
S.6 INTENTION TO PERMANETELY DEPRIVE

Question 7

S.2 DISHONESTY

Answer 7

(1)(a) The belief that he has the right to do so.
(1)(b) The belief that he would have the others consent.
(1)(c) The belief that the person whom the property belongs to cant be found with reasonable steps.

Question 8

TEST OF DISHONESTY

Answer 8

[Ivey v Genting Casino]

Question 9

IVEY V GENTING CASINO TEST 1

Answer 9

1) What was D’s actual state of mind?

Question 10

IVEY V GENTING CASINO TEST 2

Answer 10

2) Was their conduct dishonest by the standard of reasonable man?

Question 11

S.6 INTENTION TO PERMANTELY DEPRIVE

Answer 11

Disposing of property regardless of other’s rights, also borrowing or lending is equivalent.
Using up ‘goods and virtue’
[MARSHALL]

Question 12

s.7 SENTENCE

Answer 12

7 YEARS FOR THEFT
LIFE FOR ROBBERY

Question 13

s.8. ROBBERY

Answer 13

Can be seen as Theft with force.
Theft + Robbery

Question 14

ROBBERY AR

Answer 14

A person is guilty of robbery if he uses force or threat of force, immediately before or at the time of stealing, in order to steal from any person
[R V ROBINSON]

Question 15

ROBBERY MR

Answer 15

Intent to use threat of force in order to steal.
[R V ZEREI]