Theft And Robbery

Question 1

Definition of theft

Type of offence. Max Sentence

Answer 1

“A person is guilty of theft if he dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it”

Either way offence. Max 7 years

Question 2

What 3 points have to be proved to establish the AR?

What 2 points have to be proved to establish MR.

IN ORDER

Answer 2

AR:
-s3 Appropriates
-s4 Propery
-s5 Which belonged to another

MR:
-s2 Dishonesty
-s6 Intention to permanently deprive

Question 3

What does s2(2) of the theft act say?

Answer 3

D is not honest just because he shows a willingness to pay

Question 4

What are the 3 exceptions when you are not dishonest? Section number and case

Answer 4

S2(1)(a) - a person will not be dishonest if he appropriates property for himself or a 3rd party, believing he has a right in law to deprive another of it. - HOLDEN

S2(1)(b) - a person will not be dishonest if he takes property believes that the other would consent if they knew about it

S(2)(c) - a person will not be dishonest if he appropriates property believing that the person to whom it belongs to cannot be discovered by taking reasonable steps. - SMALL

ONLY MENTION RELEVANT ONE

Question 5

COMMON LAW TEST OF DISHONESTY IN THEFT

Answer 5

R V BARTON & BOOTH

Whether according to the ordinary standards of reasonable and honest people what was done was dishonest.

Question 6

What are the two different ways someone could have ITPD s6?

Answer 6

s6(1) D intended to treat the property as his own to dispose of regardless of the real owners rights - MONOGHAN

s6(2) Including borrowing and lending for periods making it equivalent to an outright taking

Question 7

LLOYD;1985

S6

Answer 7

The goodness virtue, the practical value of the films to the owners has not gone out of the article

Question 8

s6 ITPD CONTD

Answer 8

If D parts with possession of the property and knows he cannot return it to the true owner it is an ITPD.

Question 9

s3(1) APPROPRIATES

Answer 9

Doing something with the property that only the owner has a right to do - PITHAM

If he has come by the property without stealing it, any later assumption of rights is an appropriation, (MR CAN BE FORMER LATER) - OIR.

Question 10

S4 PROPERTY

Answer 10

“Money and all other property, real and personal, including things in action and other intangible property” KELLY V LINDSEY

Confidential info is not property that can be stolen - OXFORD V MOSS

Question 11

s5 BELONGING TO ANOTHER

Answer 11

s5(1) “Propert shall be regarded as belonging to any person as having possession or control of it, or having it in any proprietary right”
TURNER

OIR:
You can still be in possession of property even if you don’t know about it. WOODMAN

Question 12

s5(3) Belonging to another

Answer 12

Used where D receives property to deal with in a special/particular way and does something else with it. He forms the MR after he has possession of the property.

s5(3) allows the law to treat the property as still belonging to the true owner so D can be charged with theft. - DAVIDGE V BENNET

Question 13

s5(4) Belonging to another

Answer 13

“We’re a person gets property by another’s mistake he is under an obligation to give it back if he fails to do so he would be intending to deprive the other of it”

s5(4) allows the lad who to treat the property as still belonging to the true owner.

Question 14

Definition of robbery s8 theft act

Answer 14

A person is guilty of robbery if he steals, and immediately before or at the time of stealing and in order to steal he uses force on any person or puts or seeks to put any person in fear and then subject to force.

Question 15

Stage 1 AR Robbery

Answer 15

1) Has D stolen?
Steals - all the elects of theft established.
Robbery is complete when D appropriated the property (DAWSON)
BUT he doesn’t have to get away with it (CORCORAN V ANDERTON)

Question 16

Stage 2 of AR Robbery

Types of force, what classes as force?

Answer 16

The V must then and there be subject to force or fear of force?

DAWSON - Jostling the V said to be enough force

CLOUDEN - Using both hands to snatch a bag was enough force

P V DPP - Snatching a cig without touching is NOT enough force.

V does not have to be frightened the threat of force is enough - B&R v DPP
Force and theft don’t have to be on the same person.

Question 17

Stage 3 AR Robbery

Answer 17

The force must be immediately before or at the time of stealing to be robbery?

• A problem arises if he uses force after the stealing to make his escape.
• Courts decided appropriation is a continuing act.
  HALE

Question 18

The force must be used to….

Answer 18

Steal not get away.

If the offender has passed out the area of robbery any force could be considered as an escape and “not in order to steal”

Question 19

Stage 4 AR robbery

Answer 19

The D must have used the force in order to steal.

Force can’t be an afterthought - DAWSON.

If not would be a theft & assault - SHENDLEY

Question 20

MR for Robbery

Answer 20

The full R for theft and NFO must be present