Property Offences-Theft, Robbery and Attempt Flashcards
Act and section for theft?
s1 Theft Act 1968 (as amended by Theft Act 1978 and Theft Amendment Act 1996)
s1 Theft Act 1968?
Theft
Act and section for robbery?
s8 Theft Act 1968 (as amended by Theft Act 1978 and Theft Amendment Act 1996)
s8 Theft Act 1968?
Robbery
Act and section for the definition of theft?
s1(1) Theft Act 1968
s1(1) Theft Act 1968?
The definition of theft
What are the 5 elements to theft?
A) Dishonesty B) Appropriation C) Property D) Belonging to another E) Intending to deprive permanently
What is appropriation?
If an offender assumes the rights of an owner over the property
What principle does the case of R v Hinks (2000) demonstrate regarding theft?
Give brief facts.
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.
What case supports the principle that theft can even include consent by the owner?
Give brief facts.
R v Hinks (2000)
Facts: D was ‘carer’ for V who was of limited intelligence. Convinced him to ‘gift’ her money.
What 7 things are not considered within the meaning of the Theft Act 1968?
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
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?
They are not considered property under the Theft Act 1968.
What is the meaning of theft of property ‘belonging to another’?
Give an example case?
Meaning: When theft occurs of property in the temporary possession of someone.
Example: R v Turner (1971)-Car at garage
What are the facts of R v Turner (1971)?
D stole his own car from the garage to avoid paying for repairs. D convicted of theft.
s12 Theft Act 1968?
Taking a car without the owners consent (doesn’t necessarily amount to theft if D intends to return it)
What principle does the case of R v Velumyl (1989) demonstrate?
Give brief facts.
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
What is robbery?
Stealing by force or the threat of force.
What principle does the case of R v Robinson (1977) demonstrate?
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.
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.
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.
Act and section for definition of ‘attempt’?
s1 Criminal Attempts Act 1981
s1 Criminal Attempts Act 1981?
Definition of attempt
What is attempt?
D guilty of attempting to commit the offence. Does an act that is more than merely preparatory.
Under the offence of ‘attempt’ what two type of offences can D be charged for?
1) Indictable
2) Triable either-way
Under the offence of ‘attempt’ what type of offence can D NOT be charged for?
Summary offence
