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Law paper 1 > theft and robbery > Flashcards

theft and robbery Flashcards

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1
Q

what type of offence is theft?

A

triable either way

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2
Q

what is the definition of theft and where is it found?

A

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’

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3
Q

what is appropriation?

A

assumption by a person of the rights of an owner

basically, treating property in any way if it was yours

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4
Q

examples of appropriation

A

Corcoran v Anderson
- tried to steal a bag but didn’t succeed

R v Vinall

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5
Q

example of gift giving being appropriation

A

R v Hinks
£60,000 present to carer

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6
Q

example of any later assumption of rights being appropriation

A

R v Stalham - got overpaid

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7
Q

what is the definition of property in S.4 TA 1968?

A

property includes money and all other property, real or personal, including things in action and other intangible property

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8
Q

example where appropriation can happen even with consent

A

Lawrence v Commissioner for metropolitan police
Taxi driver took more money than foreigner was aware of

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9
Q

can information get stolen if it’s not physical?

A

no technology information can’t be stolen

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10
Q

can physical information be stolen?

A

yes

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11
Q

example of theft of hair

A

R v Herbet

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12
Q

example of theft of blood

A

R v Rothey

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13
Q

example of theft of urine

A

R v Welsh

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14
Q

what does S.4 (3) TA 1968 say?

A

cant steel wild plants unless using it for commercial purposes

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15
Q

What does S5 (1) TA 1968 say?
belonging to another

A

Something is property if any person has possession or control of it, or having any proprietary right of interest

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16
Q

What was the principle of R v Woodman?
scrap metal

A

you can have control of property, even if you aren’t aware of its existence

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17
Q

example of stealing ones own belongings
car

A

R v Turner

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18
Q

case to show that abandoned property can’t be stolen

A

R v Small

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19
Q

case to say that lost property is not abandoned

A

R v Hibbert and Mckiernon
golf balls

20
Q

what is proprietary interest?

A

legal ownership

21
Q

what was the case that shows proprietary interest?

A

R v Webster
received 2 medals by accident and sold the second online

22
Q

what is said in S.5 (3) of the theft act 1968

A

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

23
Q

property which is received by mistake only has to be returned if there is a legal obligation such as…

A

winnings from a horse race that you got by accident

24
Q

example of S.5 (3) TA 1968 being broken

A

Davige v Burnett
money from flatmates to pay for gas and she bought Christmas presents

25
Q

what is the test for mens rea of theft

test for dishonesty

A

would reasonable, honest people consider d’s actions to be dishonest?
R v Barton and Booth

26
Q

where did the test for dishonesty come from?

A

R v Barton and Booth

27
Q

what does S2 (1)(A) TA 1968 say?

A

belief that they have a right in law to deprive the other of it

28
Q

example where genuinely thinking you had the right to deprive someone of property?

A

R v Bernhard
mistress wanted money

29
Q

Example of unreasonable belief that one has right to property

A

R v Velumyl

30
Q

example of intent to permantently deprive through disposal

A

R v Lavender
moving door which belonged to council still

31
Q

can property be permanently deprived through borrowing or lending?

A

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

32
Q

what is said in S6 of the theft act 1968?

A

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.

33
Q

what is the definition of S.1 of the theft act 1968?

A

a person is guilty of theft is he dishonestly appropriates property belonging to another with an intention of permanently depriving the other of it

34
Q

where did the test for s.2 dishonesty come from?

A

R v Barton and booth
‘would the reasonable honest person consider the d’s acts to be dishonest’

35
Q

what is the definition of S.3 of the theft act 1968?

A

any assumption of the rights of an owner amounts to appropriation

36
Q

what is the definition of S.4 of the theft act 1968?

A

‘property’ includes money and all other property, real or personal, including things in action and other intangible property

37
Q

what is the definition of S.5 of the theft act 1968?

A

property shall be regarded as belonging to any other person having possessions or control of it, or having and proprietary right or interest

38
Q

what does appropriating mean?

A

treating property as if it were your own

39
Q

what case shows that confidential information can’t be stolen - the information

A

Oxford v Moss

40
Q

what case shows that physical exams can be stolen - the paper can be

A

R v Akbar

41
Q

What is the definition of robbery?
Where is it found?

A

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.’

42
Q

what is the mens rea of robbery?

A

same as theft
- d must be dishonest and intend to permanently deprive
plus
- intentional or reckless use of force

43
Q

case to show that is any element is missing, D won’t be liable for robbery

A

R v Zerei

44
Q

What is the force level for robbery and where was it decided?

A

level can be small
R v Dawson and James

45
Q

What was decided in R v Clouden?

A

if force used on the property causes force on the person - this is sufficient for robbery

46
Q

what case said that even if defendant isn’t scared, that still counts as a fear of force

A

B and R v DPP

47
Q

what principle was decided in R v Hale?

A

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

Law paper 1 (8 decks)

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