Property Offences

Question 1

Statute theft was defined in

Answer 1

s.1 Theft Act 1968

Question 2

Definition of theft

Answer 2

Dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.

Question 3

Actus reus element of theft

Answer 3

Appropriation of property belonging to another.

Question 4

Appropriation section

Answer 4

s.3 Theft Act 1968

Question 5

Property section

Answer 5

s.4 Theft Act 1968

Question 6

Belonging to another section

Answer 6

s.5 Theft Act 1968

Question 7

Morris

Theft

Answer 7

Appropriation case

Question 8

Case regarding consent to taking property

Theft

Answer 8

Lawrence - Only take what is owed.

Question 9

Rule for receiving gifts

Theft

Answer 9

Hinks- Can be considered theft if victim was manipulated.

Question 10

Types of property

Answer 10

• Money
• Real Property
• Personal Property (Kelly & Lindsey)
• Things in Action
  -Other Intangible Porperty

Question 11

Webster

Theft

Answer 11

Property Belonging to Another

Question 12

Appropriation definition

Answer 12

Any assumptions of the rights of the owner.

Question 13

s.5(3) Theft Act

Answer 13

Property that is lent to another to be dealt with in a particular way cannot be used outside the stated purpose.

Question 14

s.5(3) case example

Theft act - Belonging to Another

Answer 14

Davidge v Bunnett

Question 15

Abandoned Property

Answer 15

D is not guilty if property cannot be linked back to an owner.

Question 16

Williams v Phillips

Answer 16

Property in the bin is technically left for the government and is therefore not abandoned property.

Question 17

Dishonesty Test

Answer 17

Barton & Booth Test

Question 18

Barton & Booth test limbs:

Answer 18

What was D’s knowledge or belief regarding the facts?
Was D aware their conduct was dishonest according to the standards of ordinary people?

Question 19

Ivey

Answer 19

2nd limb of Barton & Booth is nullified in civil law. This is obiter dicta for criminal law.

Question 20

s.2(1)

Theft Act

Answer 20

Sets out when a person is not regarded dishonest.

Question 21

s.6

Theft Act

Answer 21

Intention of permanently depriving

Question 22

s.6(1)

Theft Act

Answer 22

Treat property as their own regardless of owner’s rights.

Question 23

Velumyl

Answer 23

s.6(1) Theft Act

Question 24

Maximum sentence of theft

Answer 24

7 years

Question 25

Lloyd

Answer 25

Borrowing is not theft unless the item is returned with all the good and virtue taken from it.

Question 26

Robbery Definition

Answer 26

Theft using force or the threat of force.

Question 27

AR of robbery

Answer 27

Theft AR + force or threat of force. Theft must be completed (Zerei).

Question 28

Zerei

Answer 28

Theft must be complete to satisfy AR of robbery.

Question 29

Force or Threat of Force

Robbery AR

Answer 29

Force must be used to steal. (Dawson & James)
Force must be used immediately before or after theft (Hale)

Question 30

Hale

Answer 30

Force must be used immediately before or after theft

Robbery AR

Question 31

Dawson & James

Answer 31

Force used to commit robbery, sufficient force is up to jury.

Question 32

B & R V DPP

Answer 32

Victim does not need to feel afraid for robbery to be fulfilled.

Question 33

Bentham

Answer 33

Bluffing to make threats still counts toward robbery.

Question 34

Mens Rea of Robbery

Answer 34

MR of theft + intention to use force to steal

Question 35

Sentence of robbery

Answer 35

Discretionary life sentence

Question 36

Statute robbery

Answer 36

S.8 theft act

Question 37

An honest belief that he/she had a legal right to deprive the other person of the property.

Answer 37

s2(1)(a)

Theft Act

Question 38

An honest belief that the owner would give consent.

Answer 38

s.2(1)(b)

Theft Act

Question 39

An honest belief that the owner cannot be found after having taken reasonable steps to find them.

Answer 39

s.2(1)(c)

Theft Act