Property Offences Flashcards
memorise content for scenario questions on theft, robbery and burglary.
what is the definition of theft including the sections?
s1(1) Theft act 1968- a person is guilty of theft if he dishonestly (s2) appropriates (s3) property (s4) belonging to another (s5) with the intention of permannetly depriving the other of it (s6). theft and steal shall be construed accordingly.
what are the AR and MR elements of theft?
ar- appropriation, property, belonging to another
mr- dishonesty, intention to permanenty deprive
what is s.3(1) of the theft act?
APPROPRIATION. assumption of the rights of an owner. includes where he has come by the property without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner. usually amounts to taking property from the owner. when someone hires something they retain the right of ownership.
what does assuming the rights of the owner include?
selling, destroying, hiring out, lending.
Name 4 cases n their basic facts which show appropriation
Morris- switching of clothes labels amounted to appropriation
Lawrence- taxi driver helping himself to more money was appropriation
Gomez- an act expressly/impliedly authorised by the owner of goods/consented to by them is an appropriation.
Hinks- ‘voluntary gifts’ from man w low intelligence- issue of consent is relevant for dishonesty.
what is s.4(1) of the theft act?
PROPERTY. includes money and all other property, real or personal, including things in action and other intangible property. e.g. money, personal property, real property, things in action n intangible property. excludes- real property
what is 4(2) of the theft act?
a person can’t steal land, or things forming part of land severed from it by him or by his directions, except in the following
Name and state the basic facts of cases regarding property
oxford v moss- information can’t be property
marshall- travel cards were property of the london underground n they had value, ticket as a representation of right to travel
sharp- property doesn’t include corpses
kelly- body parts can constitute property where application and skill changed their nature
what is s.5(1) of the theft act?
BELONGING TO ANOTHER.property shall be regarded as belonging to any person having possession or control of it, or having any proprietary right or interest. can also apply to someone who has the owners permission to have the prooerty in their possession
why does property remain belonging to another under s5(3) and what case demonstrates this?
remains belonging to another if there’s an application to deal w the property in a particular way. davidge v bennett- d was under under a legal obligation to use cheque to pay for communal gas bill, failure to do so was theft
what does s5(4) say about property recieved by mistake?
it remains property belonging to another if there’s a legal obligation to return the property, and refusal to do so will among to intention to permanently deprive. e.g turner- car left 4 repair.
