property offences Flashcards
what is the mens red of theft
dishonestly with the intention to permanently deprive
what is the actus reus of theft
appropriate property belonging to another
where is the definition of theft found
s1 of the theft act 1968
the law on dishonesty was clarified in which case
r v barton and booth
what case clarified knowledge is not considered property
oxford v moss
where is the definition on appropriating found
s3
where is the definition of dishonestly found
s2
where is the definition of property found
s4
where is the definition of belonging to another found
s5
where is the definition of permanently depriving found
s6
what is the definition of appropriation
an assumption of rights
name a case which establishes appropriation
r v pitham and hehl
which case showed that appropriation for theft takes place at one point in time
r v atakpu and abrahams
when does appropriation take place
the first time rights are assumed
can theft happen with consent
if the act is dishonest
which case showed theft can take place with consent
lawrence v comm. met police
what case showed gifts may be considered appropriation
r v hinks
can gifts be appropriated
if d was dishonest in receiving the gift
can d assume rights later
yes
what 5 things class as property
money
real property
personal property
things in action
other intangible property
what 3 things cant be stolen
land
wild plants
knowledge
what does belonging to another cover
physical ownership
possession
control
proprietary interest
what case shows that proprietary interest can establish belonging
r v webster
what case showed that possession and control can establish belonging
r v turner (stole own car)
what case showed property under obligation must be used in that way
davidge v bunnett
what case showed that mistaken property belongs to the owner if there is an obligation to return it
r v gilks
is motive relevant to the mens rea
no
r v barton and booth test
what was the defendants actual state of belief of the facts
was his conduct dishonest by ordinary standards
what three reasons establishes an act is not dishonest
believe they have the rights to the property
believe v would have consented
the person cant be discovered
can an unreasonable belief be honest
yes if they genuinely believe its not dishonest
what case shows an unreasonable belief can be considered honest
r v small
which case showed taking bank notes is theft
r v velumyl
which case shows that treating the thing as their own to dispose of is enough to establish intention
dpp v lavender
what case established conditional intent
r v easom
define conditional intent
d intends to steal provided there is something present
does willingness to pay quash the conviction
no
what are the 2 types of burglary
s9 1 a
s9 1 b
what is the actus reus of s9(1)(a) burglary
entry of a building as a trespasser
what is the actus reus of s9(1)(b) burglary
entry of a building as a trespasser
theft or gbh
what is the mens rea of s9(1)(b) burglary
intent when inside for theft or gbh
know or be subjectively reckless to trespass
what is the mens rea of s9(1)(a) burglary
intent to steal, inflict GBH or do unlawful damage
know or be subjectively reckless to trespass
what case shows intent to steal
r v ryans
what case shows intention to trespass must be present
r v collins
no intent not burglary
what does entry not have to be
effective or substantial
as long as there is trespass
what case showed entry does not have to be effective or substantial
r v ryans
which case showed outbuildings such as sheds are buildings
r v rodmell
which case showed fixed structures can be classed as buildings
b and s v leathley
locked freezer container used for storage
which case showed moveable structures are not buildings
norfolk constabulary v seekings
lorry container
which moveable structures do class as buildings
caravans and houseboats
which case shows that parts of a building can be trespassed when others cant
r v walkington
which case showed that anyone with permission to enter is not a trespasser
r v collins
which case showed that going beyond permissions given is classed as trespassing
r v smith and jones
which case is used to explain s9(1)(b) burglary
r v smith and jones
which case shows attempted burglary
r v boyle and boyle
what is the definition of robbery
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
what is the mens rea of robbery
theft
intent or recklessness to use force to steal
what is the actus reus of robbery
theft
use of force
OR putting a person in fear of use of force
what case shows a theft must be completed to establish robbery
r v waters
what does the amount of force not need to be
substantial
what case shows force does not need tp be substantial
r v dawson and james
what case shows that force must be used on a person
p v dpp
what case shows an object may cause the force
r v clouden
can force be used on an object
no
can d use an object to use force
yes
what case shows it doesnt matter if d is frightened
b and r v dpp
does the force have to be used on the intended victim
no as long as its used to facilitate
when must force be used to commit robbery
immediately before or during
what case shows force must be used immediately before or during
r v hale
what is attempted robbery
doing something that is more than merely preparatory to robbery
