Property Offenses Flashcards
Definition of Theft?
The Dishonest appropriation of property belonging to another with intention to permanently deprive
Where does the Theft Definition come from? What statute and/or case?
S1(1) Theft Act 1968
What is the AR AND MR in the definition?
AR: Appropriation - Property - Belonging to another
MR: Dishonest - Intention to permanently deprive
What is Appropriation?
What section defines this?
(s3) Any assumption of the rights of the owner
What does R v Morris establish for Appropriation?
Not all rights must be assumed - at least one
What does R v Hinks Establish for appropriation?
Can happen where D comes by property (innocently or not)
What does R v Gomez Establish for appropriation?
Even if owner consents (if Deception)
What is Property?
What section defines this?
(s4)
- Money
- Real
- Personal property
- Things in action
- Other intangibles
What does R v Welsh Establish for Property?
Bodily Fluids are property
What does R v Smith Establish for Property?
Property can be lawful or unlawful (heroin etc)
What is Belonging to Another?
What section defines this?
What Case supports this?
(s5(1)) In another’s possession or control or proprietary right/interest
- R v Turner
What does R v Rostron and Collinson Establish for Belonging to another?
Owner retains proprietary rights until property is passed to who they wish to lawfully possess it
What does Davidge v Bunnet Establish for Belonging to another?
Property given for specific purpose belongs to original owner until purpose is fulfilled
How is Dishonesty defined in law?
How is it established?
Not explicit.
Was D dishonest by ordinary standards of honest and reasonable people?
- IVEY TEST
What is the Ivey Test?
Where did it come from?
Ivey v Genting Casinos
- What was D’s actual state of knowledge or belief as to the facts?
- Was his conduct dishonest by the standards of ordinary decent people? (i.e. Jury)
What case confirms the Ivey Test?
R v Barton and Booth
What is Intention to Permanently Deprive?
What section defines this?
s6(1)
D treats property as his own to dispose of, regardless of owner’s rights
Which cases support definition for Intention to Permanently deprive?
- Name three
R v Raphael
R v Velumyl
R v Lloyd
Other Theft knowledge (sentencing etc)
- Triable either way offense
- Maximum 7 years - s13 CJA 1991
Definition of Robbery?
D steals, and immediately before or at time of doing so, and in order to do so, uses force, or seeks to put fear on any person
Where does the Robbery Definition come from? What statute and/or case?
s8 Theft Act 1968
What is the AR for Robbery?
- Theft
- Force
- Immediately before or at time of stealing
- On any person
- In order to steal
What is the MR for Robbery?
- Dishonesty
- Intention to permanently deprive
- Intention to threaten or use force
Which cases explain AR of Theft?
What do they explain/establish?
- R v Guy - There must be theft
- Corcoran v Anderton - Temporary appropriation is enough
Which cases explain AR of Force?
What do they explain/establish?
- Dawson v James - Force need only be minimal
- B+R v DPP - Enough for D to simply seek apprehension form V
Which cases explain AR of Immediately before or at time of stealing?
What do they explain/establish?
R v Hale - Force used after theft is included since theft is a continuing act
Which cases explain AR of On any Person?
What do they explain/establish?
R v Clouden
- T v or person in close proximity
- can be force to V’s property if it affects V’s body
Which cases explain AR of In order to steal?
What do they explain/establish?
R v James - Force must be used in order to steal
Other Robbery knowledge (sentencing etc)
- Indictable offense
- Maximum life imprisonment
Definition of Burglary?
(Multiple definitions?)
(Which sections are these)
s9(1)(a)
- D enters any building or part of a building as a trespasser with intent to commit Theft, GBH, or Unlawful Damage
s9(1)(b)
- D enters any building or part of a building as a trespasser and commits Theft of GBH
Where does the Burglary Definition come from? What statute and/or case?
s9 Theft Act 1968
Which cases explain AR of ‘Enters’?
What do they explain/establish?
R v Brown + R v Ryan
- Must be ‘effective’
- Need not be whole body
Which cases explain AR of Part of a building?
What do they explain/establish?
Stevens v Gourley
- Building is a structure with degree of permanence
R v Walkington - Prohibited areas are part of a building
Which cases explain AR of Trespasser?
What do they explain/establish?
No permission or legal right
R v Jones - Exceeds permission
R v Collins - Knows or is reckless to facts that make him a trespasser
Other Robbery knowledge (sentencing etc)
- Indictable offense
- Maximum 10 years for general burglary
- Maximum 14 years for house dwelling burglary
