Property offences and Attempts Flashcards
s.1 Theft Act states what?
Definition of theft
Explain the Definition of theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
The three elements of the AR of theft
Appropriation
Property
Belonging to another
The two element of the MR of theft
Dishonesty with intention to permanently deprive
s.3(1) Theft Act applies to what?
Definition of appropriation
Definition of appropriation
Assuming the rights of the owner
Lawrence applies to what element of theft?
Appropriation can still occur when the victim consents to the appropriation
s.4 Theft Act applies to what element of theft?
Definition of property
What Property that can be stolen?
Money (coins and bank notes)
Personal property (moveable items e.g. furniture)
Things in action (right ot be paid e.g. money in a bank account)
What Property that cannot be stolen?
Wild plants
Wild Animals
Electricity
Turner No.2 applies to what element of theft?
Belonging to another (theft)
Ivey v Genting Casinos establishes what?
Dishonesty tests
1. Did D know that what they were doing was dishonest?
2. Would the ordinary decent member of society say what D has done is dishonest?
What are the three Honest actions?
- He/she believe they have, in law, the right to deprive the other of it, on behalf of himself or of a third person
- He/she would have the other’s consent if the other knew of the appropriation and the circumstances of it
- The person to whom the property belongs cannot be discovered by taking reasonable steps
Robinson applies to what honest action in theft?
D believes they have a right in law to take the money.
s.6 Theft Act states what?
Definition of intention to permanently deprive
Define Intention to permanently deprive
D has the intention to permanently deprive if his/her intention is to treat the thing as his/her own to dispose of regardless of the other’s rights.
DPP v Lavender applies to what element of theft?
Intention to permanently deprive
Eason applies to what element of theft?
Rummaging through a bag looking for something to steak does not amount to theft (unless something is taken)
s.8 Theft Act applies to what?
Robbery
AR of robbery
Theft
Force or putting or seeking to put any person in fear of force
MR of robbery
Mens rea of theft
Intended to use force to steal
B and R v DPP applies to what element of robbery?
Force or threat of force
Explain Timing of force in regards to the offence of robbery
Force must be Immediately before or at the time of the theft
R v Lockley applies to what element of robbery?
Force must be Immediately before or at the time of the theft
What are the three Elements of Attempt?
- Do an Act which is more than preparatory
- Towards the commission of an indictable offence
- With intent to commit an offence
AR of attempt
- An act more than preparatory
- Towards the commission of an indictable offence
MR of attempt
With intent to commit an offence
R v Gullefer defines what in relation to the offence of attempt?
An act more than preparatory
Gedded defines what in relation to the offence of attempt?
An act more than preparatory
Offences that do not apply to “attempt”
It is not possible to convict someone for attempted assault or battery as these are summary offences.
What is the MR of attempt?
Direct or oblique intention to commit all of the elements of the offence.
Shivpuri states what for the offene of attempt?
Can still be found guilty of attempt even if what you are attempting is impossible
