Robbery/theft Flashcards
(36 cards)
What is the definition of theft under the Theft Act 1968?
Theft is defined under Section 1 of the Theft Act 1968 as: “Dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it.”
What is the classification and sentencing for theft?
• Statutory offence
• Triable either way
• Maximum sentence: 7 years imprisonment
What is appropriation (S.3)?
Defined in Section 3 of the Theft Act 1968: “Any assumption of the rights of an owner.”
Which cases explain appropriation?
• Morris: Only one right of the owner needs to be assumed.
• Corcoran v Anderton: Appropriation does not require the property to leave the owner’s possession.
• Lawrence: Appropriation can take place even where the owner consents.
• Gomez: Appropriation can occur when consent is obtained by deception.
• Hinks: Appropriation can still occur even where there is consent and no deception.
What does S.3(1) say about later assumption?
If D acquires property innocently, but later decides to keep or deal with it as owner, this still amounts to appropriation.
What is property under S.4 of the Theft Act 1968?
“Property includes money and all other property, real or personal, things in action, and other intangible property.”
What are the categories of property under S.4?
• Money: Coins and banknotes
• Real property: Land/buildings (can only be stolen if severed from land)
• Personal property: Moveable items (e.g., watch, car)
• Things in action: Non-physical rights (e.g., bank account funds)
• Other intangible property: E.g., copyright
What items are NOT property under the Theft Act?
• Oxford v Moss: Knowledge/confidential information is not property.
• R v Kelly and Lindsay: Body parts normally aren’t property, but may be if preserved or altered.
• S.4(3): Wild mushrooms, flowers, foliage unless taken for reward/sale.
• S.4(4): Wild animals, unless tamed.
• Electricity is not property for the purposes of theft.
What does S.5 define as ‘belonging to another’?
Property is regarded as belonging to anyone with possession, control, or proprietary right/interest.
What is key case law on ‘belonging to another’?
• Turner: D can steal his own property if someone else has a greater right (garage had possession of unpaid car).
• S.5(3): Property given under an obligation remains another’s until obligation is fulfilled.
• Davidge v Bunnett: Obligation to spend money on bills – spent it on herself = theft.
• S.5(4): Property received by mistake must be restored.
• AG’s Ref (1985): Extra wages paid = obligation to return.
What about abandoned property?
Only truly abandoned property can’t be stolen.
• Must prove owner has completely relinquished rights.
• Ricketts v Basildon: Items left outside charity shop were not abandoned — still belonged to donor until collected.
What is dishonesty under S.2?
No statutory definition.
• Feeley: Dishonesty is a question for the jury.
• S.2(1)(a): D believes he has legal right to the property (Holden).
• S.2(1)(b): D believes the owner would consent.
• S.2(1)(c): D believes the owner cannot be found with reasonable steps (Small).
What test applies if no S.2 exceptions apply?
The Ivey test, confirmed in Barton:
1. What was D’s knowledge/belief at the time?
2. Would an ordinary decent person consider it dishonest?
Does offering to repay make an act honest?
No – S.2(2) says offering repayment does not make an act honest.
What is the intention to permanently deprive (S.6)?
D must intend to treat the item as his own, to dispose of it regardless of the owner’s rights.
What are key cases on intention to permanently deprive?
• Lavender: Taking doors and using them elsewhere = treating as own property.
• Velumyl: Taking money intending to return same value is still theft (different notes/coins).
• DPP v J and others: Returning damaged item = still intent to permanently deprive.
• Lloyd: Borrowing amounts to theft only if the item’s “goodness, virtue or practical value” is gone.
• Easom: Conditional intent (only if item is worth stealing) = not sufficient.
What statute defines robbery?
Robbery is defined under Section 8 of the Theft Act 1968.
What type of offence is robbery and what’s the maximum sentence?
It is an indictable offence with a maximum sentence of life imprisonment.
What is the legal 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 or seeks to put any person in fear of being then and there subjected to force.
What is the relationship between theft and robbery?
Robbery is an aggravated form of theft. It cannot be proven unless a completed theft has occurred.
What is the Actus Reus of robbery?
- Completed theft (must satisfy AR of theft)
- Force or threat of force
- Force used immediately before or at the time of the theft
- Force used in order to steal
What must be present for the element of theft to be satisfied?
All elements of the actus reus and mens rea of theft must be satisfied.
What case shows completed theft through force?
Corcoran v Anderton – Tugging at a handbag constituted force used during appropriation. Theft + force = robbery.
