Theft and Robbery

Question 1

what’s the definition of theft in s.1

Answer 1

‘person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it’

Question 2

what are the three elements of the actus reus of theft

Answer 2

• appropriation
• property
• belonging to another

Question 3

what is appropriation

Answer 3

‘any assumption by a person of the rights of an owner’

Question 4

case for switching labels

Answer 4

R v Morris

Question 5

case for selling property

Answer 5

R v Pitham and Hehl

Question 6

cases for victim consenting to appropriation

Answer 6

• Lawrence
• R v Gomez

Question 7

case for goods as gifts

Answer 7

R v Hinks

Question 8

case for leaving empty handed

Answer 8

Corcoran v Anderton

Question 9

what is property defined as + section

Answer 9

s.4 of Theft Act 1968 defines property as ‘property includes money and all other property, real or personal, including things in action and other intangible property’

Question 10

definition of real property + example

Answer 10

refers to land and anything fixed to land
e.g. houses and buildings

Question 11

definition of personal property + example

Answer 11

refers to physical/movable property other than land
e.g. books

Question 12

case for personal property

Answer 12

R v Kelly and Lindsay - body parts were deemed as personal property

Question 13

definition of things in action + example

Answer 13

refers to a personal property which can only be claimed/enforced by action, and not by taking physical possession
e.g. cheques

Question 14

definition of intangible property + example

Answer 14

refers to property with no physical existence
e.g. computer file

Question 15

cases for intangible property

Answer 15

• Marshall
• Oxford v Moss

Question 16

what is the definition of belonging to another + section

Answer 16

S.5(1) - ‘property shall be regarded as belonging to any person having possession or control of it/or having in it any proprietary right or interest’

Question 17

case for proprietary interest

Answer 17

R v Turner

Question 18

what does s.5(3) state

Answer 18

where property has been given to the defendant to be dealt with in a particular way and this is not done, there can be theft

Question 19

what does s.5(4) state

Answer 19

if defendant receives property as a mistake and fails to return it, he will be depriving the rightful owner

Question 20

who does abandoned property belong to

Answer 20

no owner

Question 21

what was established in R v Woodman

Answer 21

a person can be in control of property even though he doesn’t know that he posses it

Question 22

what are the two elements for the mens rea of theft

Answer 22

• defendant was dishonest
• defendant must have an intention to permanently deprive the owner of the property

Question 23

in which case was the new test for dishonesty outlined

Answer 23

Ivey v Genting Casinos 2017

Question 24

what question does the jury have to answer in the test for dishonesty

Answer 24

‘has the defendants been dishonest by the ordinary standards of reasonable and honest people?’

Question 25

what wouldn’t be considered dishonest

Answer 25

• if D believe he has a right in law to deprive the other
• if D takes property believing the other would consent
• if D takes property believing that the person to whom it belongs cannot be discovered

Question 26

what is the definition of ‘intention to permanently deprive’ + section

Answer 26

S.6(1) - ‘a person is to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of’

Question 27

case for not giving back the exact money

Answer 27

R v Velumeyl

Question 28

case for removing doors of unoccupied council flat

Answer 28

R v Lavender

Question 29

definition of robbery + section

Answer 29

S.8 - ‘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 subjected to force’

Question 30

what are the two elements of the actus reus of robbery

Answer 30

• theft
• with force

Question 31

what are the two conditions of force

Answer 31

force must have been applied:
- immediately before stealing or at the time of doing so and
- in order to steal

Question 32

are threats included in the use of force

Answer 32

yes

Question 33

case for force on bag sufficient enough for robbery

Answer 33

R v Clouden

Question 34

case for nudging amounting to force

Answer 34

R v Dawson and James

Question 35

case for appropriation being a continuing act

Answer 35

R v Lockley

Question 36

case for implied and limited force

Answer 36

B and R v DPP

Question 37

case for leaving empty handed

Answer 37

Corcoran v Anderton

Question 38

what are the two elements for the mens rea of robbery

Answer 38

• mens rea of theft
• intention to use or threat of force in order to steal