property offences Flashcards
s.2 of the theft act 1968
mens rea
dishonestly
what is dishonesty s.2
R v Barton and Booth- would a reasonable honest person considers d’s action to be dishonest
when is it honest
when the defendant genuinely belives they have to right to it or the consent if aware of the appropriation
or it wouldnt be found by taking reasonable steps
R v Bernhard
what is s.3 of theft act
Appropriation- any assumption of the right of an owner
treating the propetrty as if it were yours ( R v Vinall)
what is stated in R v Gomez , R v Hinks and R v atakpu and abrhams
appropriation can occur with the owners consent, reciving valid gifts is appropriation and appropriation is not a continuing act
what is s.4
property- including money and all other property real or personal including things in action and other intangible propertys
what can be stolen
body partys for scientific purposes - R v Kelly and Lindsay
hair- R v Herbert
Blood once taken from the body- R v Rothery
what cant be stolen
confidential information- Oxford v Moss
wild plants - s.4(3)
what is s.5
belonging to another- having possesion or control or any propietary interest or right
can you have ownership if you dont know it exists
yes R v Woodman
stealing your own car
owed the money garage R vTurner
what cant be stolen
abondoned property cannot be stolen
r v small
R v Webster
soldier sold military medal that the military had intrest in amounted to stealing
r v Gilks
property recived by mistake must be returned if there is a legal obligation
what does S.5 (3) say
obligation to deal with property in a paticular way
Davidge v Burnett - obligated to use money to pay for the bills
what does S.6 state
mens rea
intention to permenantly deprive the other of it
two ways to permenenalty deprive
intenet to treat the thing as their own to dispose of ( DPP v Lavender)
borrowing or lendind for a period and in circumstances making it equivilanr to outright taking or disposal - practical value and virute is gone R v Lloyd
what type of intent is not intent under s.6
conditinal intent R v Easom
what is the definition of a robbery under s.8 of the theft act
a person is guilty of robbery if he steals, and immediatelt before or ate the time of doing so, and in order to do so he uses force on any person or puts or seels to put any person in fear of being then and there subject to force
what is the actus reus for a robbery
all the elements of theft must be proved intially
what is meant by force
force level can be very small R v Dawson and James
can still be force if the deenfant seeks to put someone in fear of force B&R v DPP
what does R v Clouden
force on property = force on a person
what is meant by use of force on any person
the force does not need to apply force on the person who the theft occurs
what does it state about
a continuting act in s.8
theft is a continung act, force used immediately after or during can still amount to a robbery
R v Hale
