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LAW > property offences > Flashcards

property offences Flashcards

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1
Q

what is the mens red of theft

A

dishonestly with the intention to permanently deprive

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2
Q

what is the actus reus of theft

A

appropriate property belonging to another

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3
Q

where is the definition of theft found

A

s1 of the theft act 1968

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4
Q

the law on dishonesty was clarified in which case

A

r v barton and booth

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5
Q

what case clarified knowledge is not considered property

A

oxford v moss

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6
Q

where is the definition on appropriating found

A

s3

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7
Q

where is the definition of dishonestly found

A

s2

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8
Q

where is the definition of property found

A

s4

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9
Q

where is the definition of belonging to another found

A

s5

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10
Q

where is the definition of permanently depriving found

A

s6

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11
Q

what is the definition of appropriation

A

an assumption of rights

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12
Q

name a case which establishes appropriation

A

r v pitham and hehl

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13
Q

which case showed that appropriation for theft takes place at one point in time

A

r v atakpu and abrahams

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14
Q

when does appropriation take place

A

the first time rights are assumed

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15
Q

can theft happen with consent

A

if the act is dishonest

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16
Q

which case showed theft can take place with consent

A

lawrence v comm. met police

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17
Q

what case showed gifts may be considered appropriation

A

r v hinks

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18
Q

can gifts be appropriated

A

if d was dishonest in receiving the gift

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19
Q

can d assume rights later

A

yes

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20
Q

what 5 things class as property

A

money
real property
personal property
things in action
other intangible property

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21
Q

what 3 things cant be stolen

A

land
wild plants
knowledge

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22
Q

what does belonging to another cover

A

physical ownership
possession
control
proprietary interest

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23
Q

what case shows that proprietary interest can establish belonging

A

r v webster

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24
Q

what case showed that possession and control can establish belonging

A

r v turner (stole own car)

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25
Q

what case showed property under obligation must be used in that way

A

davidge v bunnett

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26
Q

what case showed that mistaken property belongs to the owner if there is an obligation to return it

A

r v gilks

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27
Q

is motive relevant to the mens rea

A

no

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28
Q

r v barton and booth test

A

what was the defendants actual state of belief of the facts
was his conduct dishonest by ordinary standards

29
Q

what three reasons establishes an act is not dishonest

A

believe they have the rights to the property
believe v would have consented
the person cant be discovered

30
Q

can an unreasonable belief be honest

A

yes if they genuinely believe its not dishonest

31
Q

what case shows an unreasonable belief can be considered honest

A

r v small

32
Q

which case showed taking bank notes is theft

A

r v velumyl

33
Q

which case shows that treating the thing as their own to dispose of is enough to establish intention

A

dpp v lavender

34
Q

what case established conditional intent

A

r v easom

35
Q

define conditional intent

A

d intends to steal provided there is something present

36
Q

does willingness to pay quash the conviction

A

no

37
Q

what are the 2 types of burglary

A

s9 1 a
s9 1 b

38
Q

what is the actus reus of s9(1)(a) burglary

A

entry of a building as a trespasser

39
Q

what is the actus reus of s9(1)(b) burglary

A

entry of a building as a trespasser
theft or gbh

40
Q

what is the mens rea of s9(1)(b) burglary

A

intent when inside for theft or gbh
know or be subjectively reckless to trespass

41
Q

what is the mens rea of s9(1)(a) burglary

A

intent to steal, inflict GBH or do unlawful damage
know or be subjectively reckless to trespass

42
Q

what case shows intent to steal

A

r v ryans

43
Q

what case shows intention to trespass must be present

A

r v collins
no intent not burglary

44
Q

what does entry not have to be

A

effective or substantial
as long as there is trespass

45
Q

what case showed entry does not have to be effective or substantial

A

r v ryans

46
Q

which case showed outbuildings such as sheds are buildings

A

r v rodmell

47
Q

which case showed fixed structures can be classed as buildings

A

b and s v leathley
locked freezer container used for storage

48
Q

which case showed moveable structures are not buildings

A

norfolk constabulary v seekings
lorry container

49
Q

which moveable structures do class as buildings

A

caravans and houseboats

50
Q

which case shows that parts of a building can be trespassed when others cant

A

r v walkington

51
Q

which case showed that anyone with permission to enter is not a trespasser

A

r v collins

52
Q

which case showed that going beyond permissions given is classed as trespassing

A

r v smith and jones

53
Q

which case is used to explain s9(1)(b) burglary

A

r v smith and jones

54
Q

which case shows attempted burglary

A

r v boyle and boyle

55
Q

what is the definition of robbery

A

a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force

56
Q

what is the mens rea of robbery

A

theft
intent or recklessness to use force to steal

57
Q

what is the actus reus of robbery

A

theft
use of force
OR putting a person in fear of use of force

58
Q

what case shows a theft must be completed to establish robbery

A

r v waters

59
Q

what does the amount of force not need to be

A

substantial

60
Q

what case shows force does not need tp be substantial

A

r v dawson and james

61
Q

what case shows that force must be used on a person

A

p v dpp

62
Q

what case shows an object may cause the force

A

r v clouden

63
Q

can force be used on an object

A

no

64
Q

can d use an object to use force

A

yes

65
Q

what case shows it doesnt matter if d is frightened

A

b and r v dpp

66
Q

does the force have to be used on the intended victim

A

no as long as its used to facilitate

67
Q

when must force be used to commit robbery

A

immediately before or during

68
Q

what case shows force must be used immediately before or during

A

r v hale

69
Q

what is attempted robbery

A

doing something that is more than merely preparatory to robbery

LAW (14 decks)

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