Property Offences & Preliminary Offences Flashcards
Where is theft defined?
S.1 of the Theft Act 1968
What is 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
Where is appropriation defined?
S.3 of the Theft Act 1968
What is the definition of appropriation?
Any assumption by a person of the rights of an owner
What does the case Morris say?
D only has to assume one of the owner’s rights
What happened in the case Morris?
D switched the price labels of two items in a supermarket
What was the appropriation in Pitham and Hehl?
The right to sell property
How can property which is acquired innocently be appropriated?
If D keeps it and deals with it as if they were the owner
What does the case Gomez say?
- There can be an appropriation even if the owner of the property consented to D taking it
- an appropriation occurs as soon as one of the owners rights is assumed
What happened in Gomez?
D persuaded the manager to sell electrical goods to an accomplice and to accept payment by two cheques. The cheques were stolen and had no value
What does the case Hinks say?
There can be an appropriation even if the owner of the property has made a legal gift of it to D
What happened in Hinks?
V had a low IQ and gave £60,000 to D who claimed she was his carer
Where is property defined?
Section 4(1) of the Theft Act 1968
What is the definition of property?
Property includes money and all other property, real or personal, including things in action and other intangible property
What does money include?
Coins and banknotes
What does real property include?
Land and buildings
When can real property be stolen?
- when D severs something from the land
* if D is a tenant and removes something which is considered a fixture or structure of the rented accommodation
What does S.4(3) of the Theft Act 1968?
Picking mushrooms, flowers, fruits or foliage growing wild on land which belongs to another is theft of property if it is taken for sale or reward or other commercial purposes
What is personal property?
All moveable items
What does the case Kelly and Lindsay say?
Dead bodies are not personal property unless they are being treated in some way such as for teaching purposes
What does S.4(4) of the Theft Act 1968 say?
Wild creatures are not personal property unless they have been tamed or are ordinarily kept in captivity
What is a thing in action?
A right which can be enforced against another person by a court action
What is not classed as other intangible property?
Electricity
What is not classed as other intangible property in the case Oxford V Moss?
Knowledge
Where is belonging to another defined?
S.5(1) of the Theft Act 1968
What is the definition of belonging to another?
Any person having possession or control of it, or having in it any proprietary right or interest
What does the case Turner say?
It is possible to steal your own property if it is under someone else’s possession or control, or someone else has a proprietary interest in it
What happened in Turner?
D left his car at a garage for repairs then stole it back during the night
What does the case Woodman say?
It is possible for someone to be in possession or control of property even though they don’t know it’s there
What happened in Woodman?
A company sold scrap metal but some was left over without them knowing and some stole the left over metal
What is said under s.5(3)?
Where property is handed over to D by V and there is a legal obligation on D to keep it or deal with it in a particular way, it is still considered as belonging to V
What happened in Davidge V Bunnett?
D was guilty of theft when she was given cheques by her flat mates to pay the bills but she used them to buy presents
What does the case Hall say about S.5(3)?
There must be an obligation to keep or deal with the property in a particular way
What happened in Hall?
D was a travel agent who received money from clients for deposits on their holidays. The business collapsed before he booked the holidays. It was not theft as there was no obligation
What does the Attorney-General’s Reference case say about S.5(4)?
Where D receives property by mistake and there is a legal obligation to give it back, then it still belongs to another
What happened in Attorney-General’s Reference?
D was overpaid wages and didn’t admit it
When does property not belong to another?
Where it’s been abandoned
What is the mens rea for theft?
- dishonesty
* intention to permanently deprive
What does S.2(2) say?
An appropriation of property may be dishonest even though D is willing to pay for the property
What is the first situation under s.2(1)(a) where D did not act dishonestly?
Where D believes that he has in law the right to deprive the other of it on behalf of himself or a third person
What is the situation under s.2(1)(b) where D did not act dishonestly?
Where D relieved he would have the others consent if the other knew of the appropriation and the circumstances of it
What is the situation under s.2(1)(c) where D would not have acted dishonestly?
Where D believes the person to whom the property belongs to cannot be discovered by taking reasonable steps
What does the case Small say?
D’s belief only has to be genuine it doesn’t have to be reasonable
What happened in Small?
D took a car which he thought had been abandoned because it hadn’t been moved in two weeks
What is the test for dishonesty?
Ivey test
What is the Ivey test?
Was D’s act dishonest by the ordinary standards of reasonable and honest people? If not then D lacks the mens rea for theft
What does the case Velumyl say?
D will have an intention to permanently deprive if he picks up property and then has a change of mind and puts it back
What happens in Velumyl?
D was a company director who took money from the company’s safe when he owed money to a friend and he was going to replace the money when he could
What does the case DPP V Lavender say?
D will be regarded as having the intention to permanently deprive where, although D does not mean V to lose the property permanently, D has the intention to treat it as his own to dispose of regardless of the others rights
What happened in DPP V Lavender?
D took doors from council property to replace doors in the same council block but no permission had been given and D treated the doors as his own
What does the case Lloyd say?
Where D borrows property but his intention is to return it in such a changed state that al it’s goodness, virtue or practical goodness has gone its theft
What happened In Lloyd?
D worked in a cinema and removed films for a few hours to make copies of them and then he returned the original films
What does the case Easom say?
Conditional intent is not enough for theft
What happened in Easom?
D picked up a bag and looked through it to see if anything was worth stealing but he left without taking anything
Where is robbery defined?
S.8 of the Theft Act 1968
What is the definition of robbery?
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 force on any person or puts it seeks to put any person in fear of being then and there subjected to force
Is the actus reus of theft?
Appropriating property belonging to another
What does the case Corcoran V Anderton say?
The moment the appropriation is complete there is a robbery, D doesn’t have to escape with the property
What happened in Corcoran V Anderton?
D tried to steal V’s handbag be hitting her and causing it to fall but she screamed and D ran off without it
What does the case Dawson and James say?
Where D uses force, the amount of force can be small
What happened in Dawson and James?
D pushed V so he lost his balance and was able to take his wallet
When does D put any person in fear of force?
When V apprehend a that force might be used if he resists in handing over the property
Why must force be used or threatened?
In order to steal
What does the case P V DPP say?
Force must be used or threatened on any person
What happened in P V DPP?
D snatched a cigarette from V’s hand without touching V
When must force be threatened?
Immediately before or at the time of the theft
What does the case Hale say?
An appropriation can be a continuing act and if should be left to the jury to decide when it has stopped
What happened in Hale?
One D was upstairs stealing a jewellery box whilst the other was downstairs using force on V and they claimed they didn’t coincide
What does the case Robinson say?
If D hasn’t committed theft he can’t be convicted of robbery, even if he uses force to deprive V of it
What happened in Robinson?
D was owed £7 and when V dropped £5 D took it as he believed he was not dishonest under the situation S.2(1)(a)
What is the mens rea of robbery?
- dishonesty
- intention to permanently deprive
- intention to use or threaten force on any person in order to steal
What does the case B and R V DPP say?
Where D only seeks to put any person in fear of force in order to steal then the prosecution must prove that it was D’s intention to cause V to apprehend that force might be used in order to steal. There is no need for V to be in far or actually apprehend force
What happened in B and R V DPP?
V was stopped by a gang who held him whilst he was searched but V claimed he wasn’t scared or threatened. There was an implied threat of force
Where are attempts defined?
Criminal Attempts Act 1981
What is the definition of attempts?
D will be guilty under s.1(1) of attempting to commit an offence, if D has the intent to commit and he does an act which is more than merely preparatory to the commission of the offence
When can someone only be charged with an attempt?
When in connection with another crime
What is the actus reus of attempts?
The prosecution has to show that D has done an act which is more than merely preparatory to the commission of the full offence
What does the Attorney-General’s Reference case say?
D does not need to do the last act before the full offence is complete
What does the case Geddes say?
D will not satisfy the actus reus if he only gets ready to commit the full offence or only equips himself to commit the full offence
What happened in Geddes?
D was lurking in the boys toilets. A teacher found him and D ran off and left behind a bag with rope, masking tape and a knife
What is insufficient for an attempt?
An omission
Why is the mens rea for attempts?
D must have intended to commit the full offence and directly intended to perform the relevant act that goes beyond mere preparation
What is needed where the full offence requires proof of a consequence?
The offence of an attempt will require proof of either direct or indirect intention as to that consequence
What does the case Whybrow say?
For attempted murder, D must intend to kill
What does not prevent a conviction for an attempt?
If it is factually impossible to commit the full offence: S.1(2)
When can D still be guilty of an attempt?
If he has conditional intent
