Property Offences Flashcards
1
Q
Where is theft defined?
A
Defined in the Theft Act 1968
2
Q
What is the definition of theft?
A
A person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
3
Q
What are the summary elements of theft?
A
AR =
- Appropriates
- Property
- Belonging to another
MR =
- Dishonestly
- With the intention to permanently deprive
3
Q
What is appropriation?
A
- Any assumption by a person of the rights of an owner amounts to an appropriation where they have come by the property, innocently or not, without stealing it, any later assumption of a right to it or dealing with it as owner
- This can be the act of taking something, it can be destroying property, selling property, swapping labels etc.
- They must assume rights of ownership
- Appropriation happens the first time a right of ownership is assumed
- Appropriation can also happen when a defendant acquires property without stealing but then decides to keep or deal with it as an owner, AR and MR may not fit the coincidence however provide a just result
- If you deal with property as if you own it, you are appropriating it
4
Q
Can appropriation happen with consent?
A
- The Theft Act states that appropriation does not have to happen without the consent of the owner
- Appropriation can happen even with the owner’s consent
- There is situation with implied consent such as an honest shopper approach
- Consent without deception can occur if gifts are given, it can still occur even if it is a valid gift
4
Q
What is property belonging to another?
A
- Property shall be regarded as belonging to any person having possession or control of it, or having any proprietary right or interest
- Property received by mistake is still belonging to another
5
Q
What is property?
A
- Property includes money and all other property real or personal, including things in action and other intangible property
- Such as money, real property, personal property and intellectual property
- Real property is land and building which can be taken in certain circumstances
- Things in action is theoretical property that you have a legal right to own such as money in a bank
- Intangible property has no physical presence such as information
6
Q
What is the circumstances where land and buildings cannot be taken?
A
Trustee takes property without permission, someone severs anything forming land from the land and a tenant takes a fitting from the property
7
Q
What
cannot be stolen?
A
- Confidential information cannot be stolen
- Things that cannot be stolen are: wild plants, blackberries, mushrooms, apples, there can be no sale, reward or commercial purposes
8
Q
When are body parts property?
A
- Body parts are property if they are for application of skill, dissection or preservation techniques or teaching purposes
9
Q
Who can have possession of an item?
A
- People other than the owner can have possession or control of an item
- The possession does not have to be lawful, this is helpful when its not known who the original owner is
- The person in control of the item may not be an owner
- It is also possible to be in control of property you do not know exists
10
Q
When do goods change ownership?
A
- When goods change ownership, the goods belong to the original owner until the new owner takes possession
11
Q
What is proprietary interest and when is it theft?
A
- If a defendant has possession and control of an item, they can still be guilty of theft if someone else has proprietary interest in it
- A right or claim someone has of the property
12
Q
When can a person be guilty of theft if it does not belong to another?
A
- Someone can be guilty of theft even with the property does not belong to another, these can be when the defendant is acting dishonestly and caused a loss to another or make a gain
- This can be things such trust property, received under obligation or received by another’s mistake
13
Q
What happens if there is a certain way to deal with property?
A
- If it is received under an obligation to retain and deal with property in a particular way, then it belongs to another
- If there is an expectation that it is used to pay for goods, and it is used for something else then there can be a theft
- There is only a theft if there is an expectation to deal with deposit in a particular way
- Obligation can also happen in less formal situations
14
Q
What is the MR of theft?
A
- Dishonesty
- Intention to permanently deprive
15
Q
Does it matter if they are not gaining from the theft?
A
- Because appropriation is broad, a theft charge can be determined by whether the appropriation was honest or dishonest
- It is irrelevant whether the appropriation is made with a view of gain or for the thief’s own benefit
- This does not fully define dishonesty however it suggests that theft can occur regardless of D’s motivation
16
Q
When is a person not dishonest?
A
- A person’s appropriation of property belonging to another is not regarded as dishonest if they appropriate the property with the belief that:
- They in law have the right to deprive it on behalf of themselves or a third party
- They would have had the others consent if the other had known of the appropriation and the circumstances of it
- The person whom the property belongs to cannot be discovered by taking reasonable steps
17
Q
How is honesty measured?
A
- These situations depend on what the defendant believed at the time, it does not matter if what they believed was true
- This is based on a subjective test of if they honestly believed these
- If the jury decides the defendant genuinely believes that they are being honest however unreasonable they are not guilty
18
Q
Can a person leave money for stolen property?
A
- Defendant may say he is willing to pay on taking property or leaving money to pay for it, this does not prevent the conduct being dishonest
- A person’s appropriation of property belonging to another may be dishonest even if they are willing to pay
- This stops a person taking whatever they want regardless of the owners wishes
19
Q
What is the test for dishonesty?
A
- The Ghosh test for dishonesty has both an objective and subjective elements
- Was what done dishonest according to the ordinary standards of reasonable and honest people which is an objective test
- Did the defendant realize that what they was doing was dishonest by those standards which is a subjective test
- This above is the Ghosh test for dishonesty which has now been replaced by Ivey v Genting Casino of the objective test
20
Q
What is an intention to permanently deprive?
A
- Some situations have clear intention of permanently depriving an item
- Destroying property is a clear intention to permanently deprive
- If the defendant treats the item as theirs to dispose of or to deal with
21
Q
What is borrowing and is it an intention to permanently deprive?
A
- Borrowing is not theft as there is no intention to permanently deprive however unless it is for a period of time which is equivalent to taking or disposal of
- Borrowing is only theft when the value is taken out the property
22
Q
What is conditional intent?
A
- Conditional intent is where D inspects the property to see if there is anything worth stealing, they must have had intention to permanently deprive
23
What are the twenty eight key cases for theft?
1. R v Vinall (2011)
2. R v Pitham and Hehl (1977)
3. R v Morris (1983)
4. Lawrence v Commissioner for Metropolitan Police (1972)
5. R v Gomez (1993)
6. R v Hinks (2000)
7. R v Atakpu and Abrahams (1994)
8. R v Kelly and Lindsay (1998)
9. Oxford v Moss (1979)
10. R v Turner (No2 of 1971)
11. R v Woodman (1974)
12. Ricketts v Basildon Magistrates (2010)
13. R v Webster (2006)
14. R v Hall (1972)
15. R v Klineberg and Marsden (1999)
16. Davidge v Bunnett (1984)
17. Attorney Generals Ref (No1 of 1983)
18. R v Gilks (1972)
19. R v Small (1987)
20. R v Holden (1991)
21. R v Robinson (1977)
22. R v Ghosh (1982)
23. Ivey v Genting Casino (2017)
24. DPP v Gohill (2007)
25. R v Velumyl (1989)
26. DPP v Lavender (1994)
27. R v Lloyd (1985)
28. R v Easom (1971)
24
Where is robbery defined?
- Defined in the Theft Act 1968
25
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, uses force on any person or puts or seeks to put any person in fear of being subject to force
26
What are the summary elements of robbery?
AR =
- Theft
- Force
- Putting any person in fear of force
MR =
- MR of theft
- Intention to use force to steal
27
When does it become robbery?
If force is used then robbery happens the moment the theft is complete
28
What force must there be?
There also needs to be a degree of force, even if it is small, the force must be direct force on the victim
- If a victim is unaware of the force, there is no robbery
- Fear of force is sufficient if the victim is aware of it, the victim does not need to be frightened, it is enough if the defendant is trying to cause fear
29
Who does the force need to be on and when must it be?
Any Person = The person threatened does not need to be the person the property is taken from
- The force must be immediately before or at the time of the theft, however it is hard to decide how immediate immediately before
- This needs to be decided so it can be confirmed when the force was at the time of the theft
- The force must be before or during the theft
- Theft can be a continuing act
- The force must be used only to steal and for no other purpose
30
What is the MR of robbery?
MR of Theft =
- Dishonesty and intention to permanently deprive
- Intention to use force to steal
31
What are the nine key cases of robbery?
1. R v Zerei (2012)
2. R v Waters (2015)
3. Corcoran v Anderson (1980)
4. R v Dawson and James (1976)
5. R v Clouden (1987)
6. P v DPP (2012)
7. B and R v DPP (2007)
8. R v Hale (1979)
9. R v Lockley (1995)
