Theft And Robbery Flashcards
What is meant by Appropriation?
Assuming the rights of the owner over property - can also occour if given property by mistake
R v Vinall?
D stole bike
Abandoned it short while down the road
LP:
Sufficient assumption of the owners rights
R v Pitham and Hehl?
D attepted to sell furniture which was not theirs
LP:
Offer to sell was assumption of owners rights - does not have to be all of the rights of the owner to be appropriation
R v Morris?
D switched price tags in shop but did not go to buy the product (in basket)
LP:
Only owner has the right to swap the prices on products
R v Lawrence
D was a taxi driver who took £6 extra from foreign student who was oblivious as couldnt speak english
LP:
Can occour even if consent is given
R v Hinks
V (low intellect) offered life savings to D who befriended him
LP:
Can be appropriation even if is a gift - consent
What section of the theft act is appropriation?
Section 3
Oxford v moss
Info does not amount to intangable property
R v Kelly
Parts of a corpse are not property
Theft act section 5 - belonging to another
Possession or control or any propertory interest
R v Basildon magistrates
Where property is left to someone it belongs to original owner until new owner takes it
R v Webster
Obligation to give back misgiven property
A-G ref 1
Legal obligation to return money
R v Davidge & bunnett
Cheques given for gas bill purpose
What is theft act s.6
Intention to permanently deprive - no intention to return property
R v Lavender
No intention to return the doors as used as replacements for their broken doors
R v Velumyl
Intention to permanently deprive even though intention to return the money
R v Easom
Conditional intent is not intent
What section is dishonesty?
Section 2
The defendant is not dishonest if…
D thought had right in law
D thought they’d have consent
Owner can’t be discovered
R v Holden
Belief of permission
R v robinson
D honestly believed was entitled
Ivey v Genting 2018
Subjective test:
What did d know about what they were doing
Objective test:
Would ordinary person say action was dishonest?
What is robbery section 8 theft act
Dishonest Appropriation of property belonging to another with intention to deprive with force or intention of force
R v waters
Property could’ve been returned in near future - conviction quashed
What is the sentence from theft
7 years
What is the sentence for robbery
Life in prison
What is the structure for a theft question?
Identify crime Definition of crime Ar of crime with cases that apply Mr of crime with cases that apply Conclusion - likely or unlikely would be charged with theft
What are the questions to attain the mr of robbery
Was force or threat of force used?
Was force immediately before or during?
Was force used in order to complete theft?
R v Dawson and James
Force is ordinary word
R v clouden
Force on bag is sufficient to force on person
P v DPP
No direct contact w victim needed
B & R v DPP
No need to prove v felt threatened - only needed to be subject to force
R v hale
Appropriation of jewlery is continuing act
R v lockley
Force was used to escape - in order to complete theft
What is the structure of robbery questions?
Identify crime Definition of crime Ar of crime w/ cases Mr of crime w/ cases Conclusion - likely or unlikely to be charged
