theft and robbery Flashcards
what type of offence is theft?
triable either way
what is the definition of theft and where is it found?
S.1 Theft act 1968: ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’
what is appropriation?
assumption by a person of the rights of an owner
basically, treating property in any way if it was yours
examples of appropriation
Corcoran v Anderson
- tried to steal a bag but didn’t succeed
R v Vinall
example of gift giving being appropriation
R v Hinks
£60,000 present to carer
example of any later assumption of rights being appropriation
R v Stalham - got overpaid
what is the definition of property in S.4 TA 1968?
property includes money and all other property, real or personal, including things in action and other intangible property
example where appropriation can happen even with consent
Lawrence v Commissioner for metropolitan police
Taxi driver took more money than foreigner was aware of
can information get stolen if it’s not physical?
no technology information can’t be stolen
can physical information be stolen?
yes
example of theft of hair
R v Herbet
example of theft of blood
R v Rothey
example of theft of urine
R v Welsh
what does S.4 (3) TA 1968 say?
cant steel wild plants unless using it for commercial purposes
What does S5 (1) TA 1968 say?
belonging to another
Something is property if any person has possession or control of it, or having any proprietary right of interest
What was the principle of R v Woodman?
scrap metal
you can have control of property, even if you aren’t aware of its existence
example of stealing ones own belongings
car
R v Turner
case to show that abandoned property can’t be stolen
R v Small
case to say that lost property is not abandoned
R v Hibbert and Mckiernon
golf balls
what is proprietary interest?
legal ownership
what was the case that shows proprietary interest?
R v Webster
received 2 medals by accident and sold the second online
what is said in S.5 (3) of the theft act 1968
under an obligation to the other to retain a deal with that property or proceeds in a particular way
basically - if someone gives you £10 to buy something for them you can’t use it on yourself
property which is received by mistake only has to be returned if there is a legal obligation such as…
winnings from a horse race that you got by accident
example of S.5 (3) TA 1968 being broken
Davige v Burnett
money from flatmates to pay for gas and she bought Christmas presents
what is the test for mens rea of theft
test for dishonesty
would reasonable, honest people consider d’s actions to be dishonest?
R v Barton and Booth
where did the test for dishonesty come from?
R v Barton and Booth
what does S2 (1)(A) TA 1968 say?
belief that they have a right in law to deprive the other of it
example where genuinely thinking you had the right to deprive someone of property?
R v Bernhard
mistress wanted money
Example of unreasonable belief that one has right to property
R v Velumyl
example of intent to permantently deprive through disposal
R v Lavender
moving door which belonged to council still
can property be permanently deprived through borrowing or lending?
yes, but only if ‘the goodness, the virtue, the practical value’ of the property is lost
e.g. borrowing someone’s railcard and giving it back a week before it’s used up
what is said in S6 of the theft act 1968?
a person will be treated as having the necessary intention to permanently deprive if they treat the property as their own regardless of the rights of the owners. This will therefore apply in the situations where the defendant intends to return the property to the owner.
what is the definition of S.1 of the theft act 1968?
a person is guilty of theft is he dishonestly appropriates property belonging to another with an intention of permanently depriving the other of it
where did the test for s.2 dishonesty come from?
R v Barton and booth
‘would the reasonable honest person consider the d’s acts to be dishonest’
what is the definition of S.3 of the theft act 1968?
any assumption of the rights of an owner amounts to appropriation
what is the definition of S.4 of the theft act 1968?
‘property’ includes money and all other property, real or personal, including things in action and other intangible property
what is the definition of S.5 of the theft act 1968?
property shall be regarded as belonging to any other person having possessions or control of it, or having and proprietary right or interest
what does appropriating mean?
treating property as if it were your own
what case shows that confidential information can’t be stolen - the information
Oxford v Moss
what case shows that physical exams can be stolen - the paper can be
R v Akbar
What is the definition of robbery?
Where is it found?
s.8 theft act 1968
‘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 subject to force.’
what is the mens rea of robbery?
same as theft
- d must be dishonest and intend to permanently deprive
plus
- intentional or reckless use of force
case to show that is any element is missing, D won’t be liable for robbery
R v Zerei
What is the force level for robbery and where was it decided?
level can be small
R v Dawson and James
What was decided in R v Clouden?
if force used on the property causes force on the person - this is sufficient for robbery
what case said that even if defendant isn’t scared, that still counts as a fear of force
B and R v DPP
what principle was decided in R v Hale?
Force immediately before or at the time of theft should be looked a in a common sense way - theft should be used in its entirety
