Property offences

Question 1

Theft: AR

Answer 1

appropriation of property belonging to another

Question 2

Theft: MR

Answer 2

Dishonestly permentley deprive

Question 3

Theft: appropriation

Answer 3

S.3 TA: any assumption by a person of the owners rights
R v Morris/ R v Vinal; does not matter which right as long as 1 has been assumed
S.3(1): if property is acquired without stealing but the defendant decides to keep it or use it like an owner it can amount to S.3
R v Hinks: valid gift can still amount to theft if obtained dishonestly

Question 4

Theft: additional property statute:

Answer 4

S.4 land can be stolen if:
S.4(2) transfer ownership when not owner
severing items from land
under tenancy
S.4 (3): not illegal to pick wild plants unless for finial gain
S.4(4): wildlife are not property unless tamed

Question 5

Theft: belonging to another

Answer 5

S.5 property will belong to anyone with procession or control over it
S.5(2): property received by mistake= original owner
making no attempt to restore it auto amount

Question 6

Theft: belonging to another additional statute

Answer 6

S.5(3): if property Is given for a specific purpose it still belongs to the original owner
R v Turner: right to retain prop if bill is not paid
R v woodman: be in possession even If they didnt know they had it
R v (application of Ricketts): left for someone else, belongs to orig owner until new owner takes possession of it

Question 7

Theft: dishonesty

Answer 7

S.2 does not contain tests for dishonesty but does give 3 instances of honesty
S.2(A): Right in law to it
S.2(B): Believe they would have owners consent
S.2(C): Owner cannot be found through reasonable steps

Question 8

Theft: dishonesty cases

Answer 8

Ivey v Genting: new test for dishonesty
1. what were the facts as the d understood them
2. based on those facts would they be seen as dishonest by the ordinary person

Question 9

Theft: intention to permanently deprive

Answer 9

S.6(1) Theft Act 1968: A person has an intention to permanently deprive if they have ‘an intention to
treat the thing as his own to dispose of regardless of other’s rights
R v Lloyd (1985): A person has an intention to permanently deprive if they keep property until ‘the
goodness, the virtue, or the practical value… has gone out of the article’.

Question 10

Robbery

Act ?

Answer 10

S.8 Theft Act 1968

Question 11

Robbery AR:

Answer 11

AR of theft with and the use of force or seeking to put any person in fear of force in order to steal

Question 12

Robbery MR:

Answer 12

MR of theft and the intention to use force in order to steal

Question 13

Robbery AR: theft

Answer 13

R v Zerei (2012): There must be a completed theft for a robbery to be committed i.e. all the elements
of theft must have been present
Corcoran v Anderton (1980): Where force is used to steal, the moment the theft is complete there is
a robbery

Question 14

RobberyAR: the use of force

Answer 14

R v Dawson and James (1976): ‘Force’ is an ordinary word and it is for the jury to decide. The
amount of force can be small

P v DPP (2012): The force or threat of force must be against the person

B and R v DPP (2007): It does not matter if the victim did not fear force, only that the
defendant intended it

Question 15

Robbery AR: Immediately before or at the time of the theft

Answer 15

R v Hale (1979): The force and theft can be viewed as part of a continuing act (confirmed in R
v Lockley (1995)

Question 16

Robbery AR: inorder to steal

Answer 16

the force must be used in order to steal

Question 17

Robbery MR:

Answer 17

MR for theft
intention to use force (normal intention rules)