Property Offences Flashcards
Theft and Robbery
Statute theft was defined in
s.1 Theft Act 1968
Definition of theft
Dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.
Actus reus element of theft
Appropriation of property belonging to another.
Appropriation section
s.3 Theft Act 1968
Property section
s.4 Theft Act 1968
Belonging to another section
s.5 Theft Act 1968
Morris
Theft
Appropriation case
Case regarding consent to taking property
Theft
Lawrence - Only take what is owed.
Rule for receiving gifts
Theft
Hinks- Can be considered theft if victim was manipulated.
Types of property
- Money
- Real Property
- Personal Property (Kelly & Lindsey)
- Things in Action
-Other Intangible Porperty
Webster
Theft
Property Belonging to Another
Appropriation definition
Any assumptions of the rights of the owner.
s.5(3) Theft Act
Property that is lent to another to be dealt with in a particular way cannot be used outside the stated purpose.
s.5(3) case example
Theft act - Belonging to Another
Davidge v Bunnett
Abandoned Property
D is not guilty if property cannot be linked back to an owner.
Williams v Phillips
Property in the bin is technically left for the government and is therefore not abandoned property.
Dishonesty Test
Barton & Booth Test
Barton & Booth test limbs:
What was D’s knowledge or belief regarding the facts?
Was D aware their conduct was dishonest according to the standards of ordinary people?
Ivey
2nd limb of Barton & Booth is nullified in civil law. This is obiter dicta for criminal law.
s.2(1)
Theft Act
Sets out when a person is not regarded dishonest.
s.6
Theft Act
Intention of permanently depriving
s.6(1)
Theft Act
Treat property as their own regardless of owner’s rights.
Velumyl
s.6(1) Theft Act
Maximum sentence of theft
7 years
Lloyd
Borrowing is not theft unless the item is returned with all the good and virtue taken from it.
Robbery Definition
Theft using force or the threat of force.
AR of robbery
Theft AR + force or threat of force. Theft must be completed (Zerei).
Zerei
Theft must be complete to satisfy AR of robbery.
Force or Threat of Force
Robbery AR
Force must be used to steal. (Dawson & James)
Force must be used immediately before or after theft (Hale)
Hale
Force must be used immediately before or after theft
Robbery AR
Dawson & James
Force used to commit robbery, sufficient force is up to jury.
B & R V DPP
Victim does not need to feel afraid for robbery to be fulfilled.
Bentham
Bluffing to make threats still counts toward robbery.
Mens Rea of Robbery
MR of theft + intention to use force to steal
Sentence of robbery
Discretionary life sentence
Statute robbery
S.8 theft act
An honest belief that he/she had a legal right to deprive the other person of the property.
s2(1)(a)
Theft Act
An honest belief that the owner would give consent.
s.2(1)(b)
Theft Act
An honest belief that the owner cannot be found after having taken reasonable steps to find them.
s.2(1)(c)
Theft Act
