theft and robbery Flashcards
dishonesty s2a
no exact definition however states an appropriation is not dishonest if s2a is the defendant honestly believed he had a right in law to the property
theft definition
the dishonest appropriation of property belonging to another with the intention to permanently deprive them of it
dishonesty s2b
the D honestly believed the owner would have consented to the appropriation had he known it was taking place
dishonesty s2c
the d was unable to locate the owner of the property by taking reasonable steps
Appropriation s3
any assumption of the right of the owner
property s4
property includes money and all other, real or personal, including things in action and all other intangible property.
belonging to another s5
property shall be regarded as belonging to whoever has possession or control over it
r v pitham and hehl
selling was a right of the owner the d interfered with
r v Morris
switching labels was a right of the owner which the d interfered with
r v smith property s4
property includes all tangible property which does not preclude property held illegally
r v turner belonging to another 25
the question as to who had the “better right” to the property is irrelevant, the garage was still in possession or control.
r (on the application of rickets) v basildon magistrates court
the bags, and their contents remained the property of the donor.
davidge v Bennet belonging to another s5
the property was given with instructions on what to do with it
r v Lawrence
dishonesty s2 1(b)
belief or absence of belief that the owner consented to the appropriation is relevant to the issue of dishonesty
r v small
dishonesty s2 1(c)
a belief unreasonably held can still be an honest belief.
r v Robinson
section 2 1 (a)
the d honestly thought he had a right in law to the property
Ivey v genting casinos ltd
dishonesty
the Supreme Court installed the civil test for dishonesty as the preferred test under the criminal law.
intention to permanently deprive s6
does not provide an exhaustive definition as it is purely a question for the jury or magistrates.
intention to permanently deprive s6 (1)
1) the person treats the property as their own to dispose of regardless of the others rights. 2) a borrowing or lending of the property may amount to an intention to permanently deprive if it is for a time period and circumstances equivalent to an outright taking or disposal.
intention to permanently deprive s6(2)
under s6(2) there is an intention to permanently deprive the owner of the thing even if it is returned but some of its original value is diminished.
r v velumyl
intention to permanently deprive s6
held as an intention to permanently deprive as the exact value could not be replaced
Lavender v DPP
intention to permanently deprive s6
d intended to treat the doors as his own, regardless of the councils rights.
robbery s8 definition
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.
steals
a theft under s 1-6 of the theft act 1968 bust be committed. no theft means there is no robbery.
Immediately before or at the time of doing so
the timing of the force or threat of force must be before or at the time of the theft. once the theft is complete. any subsequent use of force cannot amount to a robbery. however, this can be a continuing act - r v hale
and in order to do so (steals)
the use or threat of force must be in order to steal.
uses force on any person or puts or seeks to put any other person in fear of being then and there subjected to force.
D must apply force to V or threaten to apply force to V in order to steal.
R v Dawson and James
robbery s8
force is an ordinary word decided by the jury.
RP V DPP
robbery s8
the QBD stated that there was no direct physical contact between the D and the V
r v hale
robbery s8
theft was seen as a continuing act even though the force to tie up v was separate from the stealing
Corcoran v Anderson s6(1)
a temporary appropriation will amount to theft
