property offences Flashcards
what act defines theft?
s1-6 of the Theft Act 1968
what is the actus reus of theft?
the appropriation of property belonging to another
what is meant by appropriation? (theft actus reus
-Appropriation (s3) = assuming the rights of the owner
what is meant by property? (theft actus reus)
-Property (s4)
-includes money and all other property, real or personal, including things in action and other intangible property,
-also includes illegal property
-inter alia = what can’t be stolen (land, foliage unless picked for financial gain, wild creatures unless tamed/in captivity, and confidential information)
what is meant by belonging to another? (theft actus reus)
-belonging to another (s5)
-anyone having possession or control of it, or having it in any proprietary right or interest
-includes anyone:
-with possession or control
-who has given the property to the defendant so long as it is dealt with a certain way
-who gave it to the defendant by mistake
what is the mens rea of theft?
dishonesty with the intention to permanently deprive
what is meant by dishonesty? (theft mens rea)
-s2
-3 defences
-they have a legal right in law to deprive s2(1)(a)
-the owner would agree to them taking it s2(1)(b)
-the owner can’t be discovered using reasonable steps s2(1)(c)
-when the theft act was created it was felt the definition of dishonesty should be left to the jury to be decided on a case-by-case basis
-ivey v Genting Casinos created a dishonesty test:
1- decide what the individual knew about what they were doing and the surrounding circumstances
2-assuming that state of knowledge, decide whether the ordinary member of society would say what was done was dishonest, and if so, the behaviour doesn’t become honest because the defendant has lower standards
what is meant by intention to permanently deprive? (theft mens rea)
-s6
-for example, the person treats the thing as their own to dispose of, and borrowing the thing can amount to intention to perm deprive if its for a while and in circumstances equivalent to outright taking
-s6(2) = still an intention to permanently deprive if the thing is returned but some of its value has diminished eg used concert tickets
-intent to perm deprive also counts for taking something with the intention of returning it but destroying it in the process
key cases on theft
-R v Morris - swapped price labels, appropriation
-R v Smith and others - robbed heroin, property
-R v Turner - took car back from garage without paying, belonging to another
-R v Lawrence - taxi driver taking £7 instead of £1, dishonesty s2(1)(b)
-R v Small - took a car on the street, dishonesty s2(1)(c)
-R v Velumyl - took money from safe, intention to permanently deprive
-Ivey v Genting Casinos - dishonesty test
what act covers robbery?
s8 of the Theft Act 1968
what is the actus reus of robbery?
steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force
what does steal mean? (robbery actus reus)
theft
how does time relate to robbery?
the force must be used at the time of the theft, once it is complete any subsequent force can’t amount to robbery (however there can be a continuing act)
what is the mens rea of robbery?
mens rea for theft, as well as an intention to use force to steal
key cases on robbery
-R v Robinson - owed money, stole £5, ‘steals’
-R v Clouden - snatched handbag, force/threat of force
-R v Hale - 2 defendants, broke into a house, immediately before or at the time of doing so, continuing act
-R v Lockley - after theft pushed shopkeeper, immediately before or at the time of doing so, continuing act
