Property Offences

Question 1

Q: What are the five elements of theft?

Answer 1

Appropriation (R v Morris (1983) – switching price labels).
Property (R v Kelly and Lindsay (1998) – body parts can be property).
Belonging to another (R v Turner (1971) – stole his own car from a garage).
Dishonesty (R v Ghosh (1982) – objective and subjective test).
Intention to permanently deprive (R v Velumyl (1989) – taking banknotes means losing those specific notes).

Question 2

Q: What case confirmed that force must be used to steal in robbery?

Answer 2

A: R v Dawson and James (1976) – Pushing someone to steal is robbery.

Question 3

Q: What is the difference between s9(1)(a) and s9(1)(b) burglary?

Answer 3

s9(1)(a) – Intent to steal, cause GBH, or commit unlawful damage at entry.
s9(1)(b) – Steals or commits GBH after entry.

Question 4

Q: What case confirmed that entry does not have to be complete?

Answer 4

A: R v Ryan (1996) – Partial entry was sufficient.