Property Offences Flashcards
Theft- act
Theft act 1968
Theft- definition
S1- dishonestly appropriating property belonging to another with the intention to permanently deprive
Theft- Appropriation
S3- assuming the rights of the owner, and treating the goods as his iwn
Theft- appropriation case
R v morris
Theft- property
S4- money and all other property real and personal, including things in action and other intangible property
Theft- belonging to another
S5- possession and control over property. Property is belonging to another when it’s in the possession and control by another person
Theft- belonging to another case
R v turner
Theft- dishonesty
S2- 3 ways for someone to NOT be dishonest-
S2(a) believe they have a legal right to deprive the other
S2(b) believes the owner would give consent to the item being taken
S2(c) believes true owner can’t be found with reasonable steps
Theft- dishonesty confirmation
Confirmed in case of Barton and booth-
what was ds actual knowledge or beliefs in the facts?
Was the conduct dishonest according to the reasonable person
Theft- intention to permanently deprive
S6- intention to treat property as his own or to dispose of regardless of the owners rights
Theft- intention to permanently deprive- case
R v Lloyd
Robbery- definition
A person is guilt if he steals and immediately before or at the time of doing so, uses force on any person or puts/seeks to put any person in fear of force
Robbery: ar elements
Theft
Force/threat of force
On any person
Immediately before or at the time of doing so
In order to steal
Robbery: mr elements
Mr of theft
Intentional application/threat of force