Property Offences-Theft, Robbery and Attempt

Question 1

Act and section for theft?

Answer 1

s1 Theft Act 1968 (as amended by Theft Act 1978 and Theft Amendment Act 1996)

Question 2

s1 Theft Act 1968?

Answer 2

Theft

Question 3

Act and section for robbery?

Answer 3

s8 Theft Act 1968 (as amended by Theft Act 1978 and Theft Amendment Act 1996)

Question 4

s8 Theft Act 1968?

Answer 4

Robbery

Question 5

Act and section for the definition of theft?

Answer 5

s1(1) Theft Act 1968

Question 6

s1(1) Theft Act 1968?

Answer 6

The definition of theft

Question 7

What are the 5 elements to theft?

Answer 7

A) Dishonesty
B) Appropriation
C) Property
D) Belonging to another
E) Intending to deprive permanently

Question 8

What is appropriation?

Answer 8

If an offender assumes the rights of an owner over the property

Question 9

What principle does the case of R v Hinks (2000) demonstrate regarding theft?

Give brief facts.

Answer 9

Principle: That theft can even include consent by the owner.

Facts: D was ‘carer’ for V who was of limited intelligence. Convinced him to ‘gift’ her money.

Question 10

What case supports the principle that theft can even include consent by the owner?

Give brief facts.

Answer 10

R v Hinks (2000)

Facts: D was ‘carer’ for V who was of limited intelligence. Convinced him to ‘gift’ her money.

Question 11

What 7 things are not considered within the meaning of the Theft Act 1968?

Answer 11

1) Electricity
2) Commercially confidential info
3) Info obtained dishonestly-computer hacking
4) Land
5) Wild plants-except for financial gain or reward
6) Wild creatures
7) Dead bodies or body parts

Question 12

1) Electricity
2) Commercially confidential info
3) Info obtained dishonestly-computer hacking
4) Land
5) Wild plants-except for financial gain or reward
6) Wild creatures
7) Dead bodies or body parts

What is the significance of these 7 items?

Answer 12

They are not considered property under the Theft Act 1968.

Question 13

What is the meaning of theft of property ‘belonging to another’?

Give an example case?

Answer 13

Meaning: When theft occurs of property in the temporary possession of someone.

Example: R v Turner (1971)-Car at garage

Question 14

What are the facts of R v Turner (1971)?

Answer 14

D stole his own car from the garage to avoid paying for repairs. D convicted of theft.

Question 15

s12 Theft Act 1968?

Answer 15

Taking a car without the owners consent (doesn’t necessarily amount to theft if D intends to return it)

Question 16

What principle does the case of R v Velumyl (1989) demonstrate?

Give brief facts.

Answer 16

Principle: That taking money from a till with intent to replace is still theft as it refers to the actual physical notes and coins.

Facts: D robbed from till with intention to return it later

Question 17

What is robbery?

Answer 17

Stealing by force or the threat of force.

Question 18

What principle does the case of R v Robinson (1977) demonstrate?

Answer 18

Principle: Theft does not count as a robbery if D honestly believed they had right to possession of the property.

Facts. D was owed money by a woman and got into fight with her husband. Money dropped out of husband pocket. D picked it up-D not convicted of battery.

Question 19

What case supports the principle that theft does not count as robbery if D honestly believed they had right to possession of the property?

Give brief facts.

Answer 19

R v Robinson (1977)

Facts: D was owed money by a woman and got into a fight with her husband. Money dropped out of husbands pocket. D picked it up-D not convicted of battery.

Question 20

Act and section for definition of ‘attempt’?

Answer 20

s1 Criminal Attempts Act 1981

Question 21

s1 Criminal Attempts Act 1981?

Answer 21

Definition of attempt

Question 22

What is attempt?

Answer 22

D guilty of attempting to commit the offence. Does an act that is more than merely preparatory.

Question 23

Under the offence of ‘attempt’ what two type of offences can D be charged for?

Answer 23

1) Indictable

2) Triable either-way

Question 24

Under the offence of ‘attempt’ what type of offence can D NOT be charged for?

Answer 24

Summary offence