Theft

Question 1

Theft Definition- Theft Act 1968

S.8

Answer 1

S.8
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 2

Burglary Definition- Theft Act 1968

S.9 (1) (a)

Answer 2

S.9 (1) (A)
Entering a building or part of a building as a trespasser, with intent to commit one of 3 offences (theft, GBH, criminal damage)

Question 3

Burglary Definition- Theft Act 1968

S.9 (1) (b)

Answer 3

S.9 (1) (b)

Entering a building or part of a building as a trespasser, and committing one of 2 offences (theft or GBH)

Question 4

Aggravated Burglar - Theft Act 1968

S.10

Answer 4

S.10

S.9 (1) (a) or S.1 (1) (b) + using a firearm, imitation firearm, weapon or explosive. Aggravated burglary.

Question 5

R v Gomez [1993]

Answer 5

Charged with theft after accepting two stolen cheques as payment for goods, despite knowing that they were stolen.
Theft.

Question 6

Hinks [2001]

Answer 6

Convicted of theft after getting friend with limited intelligence to give her money.
Gift= theft if dishonest.
Irrelevant whether the owner consents to the appropriation.
Theft.

Question 7

Lloyd [1985]

Answer 7

Took films from cinema worked at, distributed then put back. Intention to deprive? No. Convictions quashed. Borrowing not sufficient.
Theft.

Question 8

Ghosh [1985]

Answer 8

Claimed fees for carrying out operations in circumstances which the prosecution said he should not have been paid.
Ghosh test for dishonesty (mens Rea of theft) developed by Lord Lane CJ.
a) Was what was done dishonest according to ordinary standards of reasonable and honest people?
b) Defendant must have realised what he was doing would be regarded by others as dishonest.

Question 9

Ivey v Genting Casinos

Answer 9

Developed the Ghosh test.

c) Dishonest state of the defendant’s mind.

Question 10

Dawson & James [1977]

Answer 10

D1 nudged a man so D2 could easily take the wallet from his pocket.
Force or threat of force is a matter to be left to the jury.
Robbery.

Question 11

R v Hale [1979]

Answer 11

Force or the threat of force must be at the time of robbery- not simply to get away.
Robbery.

Question 12

Collins [1973]

Answer 12

Meaning of entering as a trespasser. D must a) enter as a trespasser and b) be aware that s/he is a trespasser.
Burglary.
Went into girls bedroom with intention to rape.

Question 13

R v Jones [1976]

Answer 13

To trespass means to enter a building without legal authorisation eg consent of owner.
Burglary.

Question 14

Collister v Warhurst [1955]

Answer 14

Demand may be orally or in writing, express or implied.

Blackmail.