Property Offences (done)

Question 1

What is the definition of theft?

Answer 1

Section 1(1) Theft Act 1968 says that a person is guilty of theft if D dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 2

How many elements for the actus reus of theft is there?

Answer 2

3

Question 3

What are the 3 elements for the actus reus of theft?

Answer 3

1) Appropriation
2) Property
3) Belonging to another

Question 4

What is appropriation and what does the law say?

Answer 4

Appropriation is the act of taking something. Section 3(1) Theft Act 1968 says “Any assumption by a person of the rights of an owner amounts to an appropriation”

Question 5

What are the rights of an owner (10)?

Answer 5

1) Possession and use
2) Change/alter, damage, and destruction
3) Consumption
4) Temporary disposal by loan
5) Permanent disposal by way of sale, gift or abandonment
6) Offer for sale
7) Exchange
8) Gambling property
9) Arranging to dispose of it
10) To abandon it

Question 6

What happened in Morris (1984)?

Answer 6

The defendants were convicted of theft under s.1 of the Theft Act 1968 after switching the labels on products in a supermarket to obtain a lower price.

Question 7

How is appropriation established?

Answer 7

Through comparing the defendant to the reasonable man. Morris (1984)

Question 8

Can consent amount to a defence in theft?

Answer 8

Yes because once you touch somebody’s property you are appropriating with or without permission. However an appropriation will not amount to theft unless accompanied by dishonesty and other elements. Hinks (1998)

Question 9

What is the definition of property and what does the law say?

Answer 9

Section 4(1) Theft Act 1968 says, “Property includes money and al other property, real or personal, including things in action and other intangible property”

Question 10

What does ‘Real property’ refer to?

Answer 10

Real property refers to land, not just the earth but also houses.

Question 11

What does ‘personal property’ refer to?

Answer 11

‘Personal property’ refers to individual items such as cars, keys, wallets, clothes etc

Question 12

What is ‘tangible’ property?

Answer 12

‘Tangible’ property is property which has a physical existence. This does not prevent preclude illegally help property.

Question 13

What is ‘intangible’ property?

Answer 13

‘Intangible’ property is property with no physical existence such as a thing in action.

Question 14

What is a thing in action?

Answer 14

A thing in action is a right that can be enforced but does not have a physical existence e.g contractual right, credit balance etc

Question 15

Is confidential information property ?

Answer 15

No (Oxford v Moss)

Question 16

Define belonging to another (3)

Answer 16

•Having possession or control or propriety right or interest (Turner) S5(1)

•Where D is given the property to deal with it in a particular way (Davidge v Bunnet 1984) S5(3)

•Where D is given it by mistake and has an obligation to restore it S5(4)

Question 17

What are the 2 elements of the mens rea for a theft?

Answer 17

1) Dishonesty
2) Intention to permanently deprive

Question 18

Define dishonesty

Answer 18

Section 2(1) of the Theft Act 1968 sets out three situations where as a matter of law the person is not dishonest

Question 19

What are the 3 situations where by law a person is not dishonest?

Answer 19

(a) Where he believes he has in law the right to deprive the other of the property (R v Small 1987)

(b) Where he believes the other person would have consented to the appropriation and the circumstances of it. E.g unauthorised “borrowing” consumable goods from a neighbour or money from a friends purse (R v Holden 1991)

(c) (Unless he is a trustee or personal representative) where he acts in the belief that the true owner cannot be found by taking reasonable steps (R v Thurborn 1849)

Question 20

Could someone be dishonest even if they are willing to pay?

Answer 20

Yes as stated in Section 2(2) (Feely 1973)

Question 21

Who decides if D is dishonest?

Answer 21

Dishonesty is a question of fact to be determined by the jury according to the standards of the ordinary decent person

Question 22

What case establishes the new test for dishonesty?

Answer 22

The case of R v Barton and Booth (2020)

Question 23

What does the test for dishonesty as established in R v Barton and Booth (2020) state? (2)

Answer 23

The jury will consider D’s knowledge or belief as to what was going on e.g. what made D act the way they did.

They will then apply the standards of ordinary reasonable people to judge that behaviour

Question 24

What case shows intention to permanently deprive?

Answer 24

Easom (1971)

Question 25

Define the intention to permanently deprive

Answer 25

to treat the thing as his own to dispose of regardless of the other's rights (Easom)

Question 26

What is the sentence for a theft?

Answer 26

It is a triangle either way offence with a maximum sentence of 7 years imprisonment

Question 27

Define robbery

Answer 27

Section 8(1) Theft Act 1968 - A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses forces on any person or puts or seeks to put any person in fear of being then and there subject to force

Question 28

What is the main difference between a theft and a robbery?

Answer 28

A robbery requires violence/force

Question 29

What are the 3 elements required for the cactus reus of a robbery?

Answer 29

1) Steals 2) Use of force 3) Immediately before or at the time of stealing

Question 30

Define the ‘steal’ element of cactus reus for a robbery (4)

Answer 30

• Requires all elements of a theft to be established • No theft in an honest belief (R v Robinson) • Irrelevant if nothing is actually taken (Corcoran v Anderton) • If D treats the thing as his own or disposes of the rights, this is a theft - R v Rachel and another

Question 31

Define the element of ‘use of force’ in a robbery (5)

Answer 31

• Aggravated form of threat • Requires proof of the use of threat or force against the person, not their property - jury decides • Still robbery even if a person is not frightened (R v Dawson and James 1976) • Does not need direct force on the victim (R v Clouden 1987) • Threat does not need to be real (R v Bentham 2005)

Question 32

Define the element of ‘immediately before or at the time of stealing’ in a robbery (5)

Answer 32

• Theft is complete as soon as the appropriation has taken place • Force is treated as a continuing act • Two D’s, one steals, one applies force (R v Hale 1979) • Force applied after the theft to escape (R v Lockley 1995) • If violence is used but it is not used to steal then it is not a robbery (R v Vinall)

Question 33

Define the element of ‘In order to steal’ in a robbery (1)

Answer 33

This is a question of fact where the threat of use of force must have enabled the threat. If these elements are separate,a theft and non-fatal charge may be appropriate.

Question 34

Is the men’s Rea for a theft and robbery the same and what do they require?

Answer 34

They both require ‘dishonesty’ and the ‘intention to permanently deprive’ However a robbery also requires the intention to use force to steal

Question 35

Define the intention to use force to steal for the men’s Rea of a robbery

Answer 35

The intention to use force must be shown against the person and not the property

Question 36

How does the charge of a robbery change the sentencing of a theft?

Answer 36

Robbery is convicted on indictment and a defendant would be liable to imprisonment for life

Question 37

What does ‘conviction on indictment’ mean?

Answer 37

a finding of guilt after a formal trial in the Crown Court, involving a formal document called an indictment outlining the charges against the charges against D for a typically more serious crime.