Property offences and Attempts

Question 1

s.1 Theft Act states what?

Answer 1

Definition of theft

Question 2

Explain the Definition of theft

Answer 2

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 3

The three elements of the AR of theft

Answer 3

Appropriation
Property
Belonging to another

Question 4

The two element of the MR of theft

Answer 4

Dishonesty with intention to permanently deprive

Question 5

s.3(1) Theft Act applies to what?

Answer 5

Definition of appropriation

Question 6

Definition of appropriation

Answer 6

Assuming the rights of the owner

Question 7

Lawrence applies to what element of theft?

Answer 7

Appropriation can still occur when the victim consents to the appropriation

Question 8

s.4 Theft Act applies to what element of theft?

Answer 8

Definition of property

Question 9

What Property that can be stolen?

Answer 9

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)

Question 10

What Property that cannot be stolen?

Answer 10

Wild plants
Wild Animals
Electricity

Question 11

Turner No.2 applies to what element of theft?

Answer 11

Belonging to another (theft)

Question 12

Ivey v Genting Casinos establishes what?

Answer 12

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?

Question 13

What are the three Honest actions?

Answer 13

1. He/she believe they have, in law, the right to deprive the other of it, on behalf of himself or of a third person
2. He/she would have the other’s consent if the other knew of the appropriation and the circumstances of it
3. The person to whom the property belongs cannot be discovered by taking reasonable steps

Question 14

Robinson applies to what honest action in theft?

Answer 14

D believes they have a right in law to take the money.

Question 15

s.6 Theft Act states what?

Answer 15

Definition of intention to permanently deprive

Question 16

Define Intention to permanently deprive

Answer 16

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.

Question 17

DPP v Lavender applies to what element of theft?

Answer 17

Intention to permanently deprive

Question 18

Eason applies to what element of theft?

Answer 18

Rummaging through a bag looking for something to steak does not amount to theft (unless something is taken)

Question 19

s.8 Theft Act applies to what?

Answer 19

Robbery

Question 20

AR of robbery

Answer 20

Theft
Force or putting or seeking to put any person in fear of force

Question 21

MR of robbery

Answer 21

Mens rea of theft
Intended to use force to steal

Question 22

B and R v DPP applies to what element of robbery?

Answer 22

Force or threat of force

Question 23

Explain Timing of force in regards to the offence of robbery

Answer 23

Force must be Immediately before or at the time of the theft

Question 24

R v Lockley applies to what element of robbery?

Answer 24

Force must be Immediately before or at the time of the theft

Question 25

What are the three Elements of Attempt?

Answer 25

1. Do an Act which is more than preparatory
2. Towards the commission of an indictable offence
3. With intent to commit an offence

Question 26

AR of attempt

Answer 26

1. An act more than preparatory
2. Towards the commission of an indictable offence

Question 27

MR of attempt

Answer 27

With intent to commit an offence

Question 28

R v Gullefer defines what in relation to the offence of attempt?

Answer 28

An act more than preparatory

Question 29

Gedded defines what in relation to the offence of attempt?

Answer 29

An act more than preparatory

Question 30

Offences that do not apply to “attempt”

Answer 30

It is not possible to convict someone for attempted assault or battery as these are summary offences.

Question 31

What is the MR of attempt?

Answer 31

Direct or oblique intention to commit all of the elements of the offence.

Question 32

Shivpuri states what for the offene of attempt?

Answer 32

Can still be found guilty of attempt even if what you are attempting is impossible