Property Offences P1 Flashcards by Eleanor Mensah

What kind of offence is theft

A triable either way offence

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What is S1 of The Theft Act 1968 (definition)

Dishonestly appropriates property belonging to another with the intention of permanently depriving them of it

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What section is appropriation in

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What is the definition of appropriation

Any assumption of the rights of an owner amounts to appropriation

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What is included in appropriation

Taking property
Destroying it
Using it in an unauthorised way
Selling it
Offering to sell it
Refusing to return it after having come by it legally

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The defendant does not need to assume all the rights, instead he must assume any but…

Assumption must be an adverse interference

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Which case said switching labels amounts to appropriation

Morris (1983)

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Which case stayed appropriation of goods is sufficient to find a charge of theft when consent is obtained by deception

Gomez (2003)

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What was the ratio of Lawrence V MPC (1971)

An appropriation can take place despite consent of the owner

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What is the difference between the consent in Lawrence than Hinks

In Hinks (2000) the D argued they were gifts over a period of time

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What is S4 of The Theft Act 1968

Property

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What is the definition of property

Money and all other property, real, personal, including things in action and other intangible property

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Which case showed that unusual items come under property

Kelly (1998)

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What are things in action

Right which can only be enforced by taking legal action as they have no physical existence E.g debt
They are changing or can change

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What is intangible property

Things that have no physical existence and are fixed E.g copyrights

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What did Oxford V Moss (1978) establish for property

Confidential information contained in the exam paper did not amount to intangible property. Information cannot be stolen

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What does S4(2) state - property

Land cannot be stolen unless:
A person who doesn’t own it severs something from it
A tenant takes fixtures which should have retained attached to it

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What does S4(3) state - property

It is not theft to take wild flowers etc
Would be theft if took whole plant with commercial purposes

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What does S4(4) state - property

It is not theft to capture a wild animal that is not tamed
Cannot take from zoos or domestic pets

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What is S5 of TA 1968

Belonging to another

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What is classed under S5 Belonging to another

Property can not only belong to the actual owner but also to those who currently posses it or have a right over it
Can belong to more than one person at a time
Can steal own property
Abandoned property

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Which case involves stealing own property as service station was in possession and control of the car at the time

Turner (1971)

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What does ownerless property state

Lost property still belongs to the owner
Abandonment of property at time of appropriation cannot amount to theft

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Why was small not guilty for stealing the car

D believed the owner could not be found. Had reasonable belief the car owner could not be found as it had been left for 2 weeks. A normal person would have contacted DVLA to find owner

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Which case involved abandoned golf balls that were on property therefore owned by the property owners

Rostron (2003)

What does s5(3) state

Property received for a particular purpose Property will ‘belong to another’ if those people holding it do anything unauthorised with it

Which case involves payment given for gas bills but were spent on presents

Davidge V Bunnett (1984)

Why was Wain guilty of unauthorised use S5(3)

Appropriated property belonging to another as it was given to him with a clear obligation to go to charity

Which case contrasts to Wain and why

Hall (1972) D was not under obligation to deal with the money in a particular way He was unable to return the money but intended to use it in the authorised way

Which case had an attempted delivery to a charity shop but it was closed - unauthorised use

Ricketts Basildon magistrate

S5(4) Property received by another’s mistake…

Means you are under obligation to give the property back to the rightful owner

Which two kinds of duty are people under for returning property received by another’s mistake

Moral and legal duty

Which case established the moral and legal obligation to return property

Gilks (1972)

What did A-G Reference (NO1 of 1983) (1985) state

It is a possible theft conviction to arise where D had not withdrawn money but knew about it being given to them by mistake

What does S2 state

Dishonesty

How is the the decision on dishonest decided

There is no statute, the jury are expected to apply their own standards of morality

Which case established the test for dishonesty

Ivey V Genting Casino (2017)

Which case highlighted the test for MR

Barton V Booth (2020)

What was the test of dishonesty clarified as

Whether an ordinary and honest person, believing same facts as D would consider D dishonest

What are the four defences for dishonesty

Belief in legal right S2(1)(a) Belief in the other consent S2(1)(b) Belief that the property had been lost S2(1)(c) A willingness to pay S2(2)

Which of the defences for dishonesty is an invalid defence

S2(2) - a willingness to pay is an invalid defence

What kind of offence is robbery

Indictable offence

What is the definition of robbery

A person is guilty of robbery if he steals, and before or at the time of doing so, and in order to do so, uses force on any person or seeks to put them in fear of being subjected to force

What must be established first before robbery

All the elements of theft must be satisfied for robbery

Which case showed that robbery did not occur as no theft occurred as the D had honest belief he had a legal right to the money S2(1)(a)

Robinson (1977)

What did the case of Zerei (2012) establish

There was no intention to permanently deprive the V of the car as it was abandoned. Therefore there was no theft = no robbery

Which case showed that temporary appropriation of property is sufficient if shown D had intention to permanently deprive (robbery)

Corcoran V Anderton (1980)

What happens if someone has used force but failed to appropriate

Where D has used force on another (or put another person in fear of force) in order to steal but has not achieved the appropriated then the D will not be guilty of robbery

How is “force” taken by the courts

Force is a word in ordinary use. It is a word the jury understand It means that very little force needs to be applied to satisfy the element

Which case established that force is given its ordinary meaning and requires no direction to the jury

Dawson and James (1978)

What was the ratio in the case of Clouden (1987)

Held that force used on the bag was sufficient to amount to force in a person

What does S8(1)

The force or threat of force must be used in order to steal The act of robbery must be looked at in its entirety

Which case established that the force was a continuing act

Hale (1978)

What did Lockley (1995) establish

Force used in order to escape thus treated as force in order to steal

What is the mens Rea of robbery

Men’s Rea of theft (dishonesty, intention to permanently deprive) Plus either intention as to use force or threat of force

Who do we focus on for the men’s Rea of robbery

The D’s intention to use force, doesn’t matter if the V was not scared

Which case showed that it was irrelevant that V was not scared of violence, D intended to use force/ threat force when committing the theft

B and R V DPP (2007)

What is S6

With the intention to permanently deprive the V of it

When is some one guilty of permanently depriving under S6

If his intention is to treat the thing as his own regardless of the owner rights

What can amount to intention to permanently depriving

Long term or indefinite borrowing

Which case ratio stated that an intention to keep property indefinitely could amount to theft

Warner (1970)

Which case stated that theft had not occurred but the goodness, virtue and practical value would have been taken if it was give back in a state

Lloyd (1985)

Which case said conditional intention to permanently deprive does not satisfy for theft

Easom (1971)

Which case showed that the exact bank notes and coins must be returned or intention to permanently deprive is satisfied

Velumyl (1989)

Which case involves treating doors as there own property despite the owners rights

DPP v Lavender (1994)

Which case said dishonesty under S2(1)(a) is entirely subjective. As long as V completely and honestly believed he had a right

Holden (1991)