Property offences Flashcards
What are the three types of property offences ?
Theft, Robbery, Burglary
Which act does Theft come under and what sections is it ?
s.1 - s.6 of the theft act 1968
Which section defines theft ?
s.1 of the theft act
What does s.1 define theft as ?
“The dishonest appropriation, of property belonging to another, with intent to permanently deprive”
What is the test to establish liability for theft, with section numbers.
s.3 Appropriation
s.4 Property
s.5 Belonging to another
s.2 Dishonesty
s.6 Intention to permanently deprive
What does s.3 define appropriation as ?
+ Supporting case
Any assumption of the rights of the owner ( Pitham v Hehl)
What does Rv Lawrence define about appropriation ?
Appropriation can occur even with the victims consent.
What does Rv Hinks define about appropriation ?
Appropriation can occur with consent even without deception *
What does s.4 define property as ?
“Money and all other property, real or personal including things in action and other intangible property”
What was defined in s.4 NOT to be property ?
Wild animals
Wild plants
Unless taken for gain *
What did Oxford v Moss define about property ?
Knowledge of exam questions is not held to be property
What did Rv Kelly and Lindsay define about property ?
Body parts are classed to be property
What does s.5 define belonging to another as ?
“Anyone having possession control, or proprietary interest, in the property may be considered as who it belongs to”
What did Rv Turner define about “belonging to another”
Property can belong to another if it under their control, possession or they have any proprietary interest in it
What is defined in s.5(3) ? (include case)
Legal obligation to deal with property in a specific way (Davidge v Bunnett).
What is defined in s.5(4)
Mistake, there are two situations where there is legal obligation to return goods obtained by mistake otherwise the D will be liable for theft.
What are the two scenarios in which an individual has a legal obligation to return goods obtained by mistake ?
(Include case)
Extra change aftwr a sale (Rv Gilks)
Extra wage or salary (Attorney General’s Ref No1 1993)
What is defined about both lost and abandoned property ?
Lost property can be stolen, whereas abandoned property cannot.
Regarding s.2 “dishonesty” what are the scenarios given to establish that an individual would not be dishonest ?
- Where he believes he has a legal right to deprive the other of it
- Where he believes the owner would have allowed them to have the property
3.Where he believes the true owner cannot be found by taking reasonable steps
Which two cases later defined a test for dishonesty ?
Ivey v Genting Casinos and Rv Barton and Booth
What is the test for dishonesty, defined by Rv Barton and Booth ?
- Was the defendants state of knowledge or beliefs as to the facts ?
- Was the defendant dishonest, by the standards of the ordinary reasonable man ?
What dis Rv Velumyl define about intention to permanently deprive
Owner deprived of the exact notes *
What is borrowed property in regards to intention to permenetley deprive (include case)
Only theft if the property has ‘wholly diminished in value so all goodness and virtue have gone’ (R v Lloyd)
What is conditional intent ?
(Is not sufficient for theft) Where the D picks up an item to see if it is worth stealing but will return it if they decide it isn’t worth it (R v Easom)
What section is robbery defined under and which section is it ?
s.8 of the theft act 1968
What is the definition for robbery ?
“A person will be guilty of robbery if he steals, and immediately before or at the time of doing so he uses force on any person, or puts or seeks to put any person in fear of being subjected to force”
What is the first element to be proven for robbery ? (+case)
- “Steals
There is no requirement that the D succeeds in ‘getting away’ with the property (Corcoran v Anderton).
What is the second element to be proven for robbery ?
- Force or threat of force
What did Rv Dawson and James define about “force or threat of force”
The amount of force used can be small and the force does not need to be applied directly to the victim but can be applied to the property.
What did Rv Bentham define about “force or threat of force” ?
The threat of force need not be real
What is the third element needed to be proven for robbery ?
“On any person”
What was defined about “on any person”
The person upon whom the force is used or threatened does not have to be the same person who is stolen from.
What is the fourth element needed to be proven for robbery ?
‘Immediately before or at the time of doing so’
What did Rv Hale define about “immediately before or at the time of doing so”
Its required to decide when a theft is completed, so that the force is ‘at the time of stealing’.
What is the fifth element needed to be proven for robbery ?
“In order to steal”
The force must be used in order to steal *
What are the two mens rea elements for robbery
Mens rea for theft (dishonesty and IPD)
Intention for the force or threat of force
