theft and robbery

Question 1

dishonesty s2a

Answer 1

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

Question 2

theft definition

Answer 2

the dishonest appropriation of property belonging to another with the intention to permanently deprive them of it

Question 3

dishonesty s2b

Answer 3

the D honestly believed the owner would have consented to the appropriation had he known it was taking place

Question 4

dishonesty s2c

Answer 4

the d was unable to locate the owner of the property by taking reasonable steps

Question 5

Appropriation s3

Answer 5

any assumption of the right of the owner

Question 6

property s4

Answer 6

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

Question 7

belonging to another s5

Answer 7

property shall be regarded as belonging to whoever has possession or control over it

Question 8

r v pitham and hehl

Answer 8

selling was a right of the owner the d interfered with

Question 9

r v Morris

Answer 9

switching labels was a right of the owner which the d interfered with

Question 10

r v smith property s4

Answer 10

property includes all tangible property which does not preclude property held illegally

Question 11

r v turner belonging to another 25

Answer 11

the question as to who had the “better right” to the property is irrelevant, the garage was still in possession or control.

Question 12

r (on the application of rickets) v basildon magistrates court

Answer 12

the bags, and their contents remained the property of the donor.

Question 13

davidge v Bennet belonging to another s5

Answer 13

the property was given with instructions on what to do with it

Question 14

r v Lawrence
dishonesty s2 1(b)

Answer 14

belief or absence of belief that the owner consented to the appropriation is relevant to the issue of dishonesty

Question 15

r v small
dishonesty s2 1(c)

Answer 15

a belief unreasonably held can still be an honest belief.

Question 16

r v Robinson
section 2 1 (a)

Answer 16

the d honestly thought he had a right in law to the property

Question 17

Ivey v genting casinos ltd
dishonesty

Answer 17

the Supreme Court installed the civil test for dishonesty as the preferred test under the criminal law.

Question 18

intention to permanently deprive s6

Answer 18

does not provide an exhaustive definition as it is purely a question for the jury or magistrates.

Question 19

intention to permanently deprive s6 (1)

Answer 19

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.

Question 20

intention to permanently deprive s6(2)

Answer 20

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.

Question 21

r v velumyl
intention to permanently deprive s6

Answer 21

held as an intention to permanently deprive as the exact value could not be replaced

Question 22

Lavender v DPP
intention to permanently deprive s6

Answer 22

d intended to treat the doors as his own, regardless of the councils rights.

Question 23

robbery s8 definition

Answer 23

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 24

steals

Answer 24

a theft under s 1-6 of the theft act 1968 bust be committed. no theft means there is no robbery.

Question 25

Immediately before or at the time of doing so

Answer 25

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

Question 26

and in order to do so (steals)

Answer 26

the use or threat of force must be in order to steal.

Question 27

uses force on any person or puts or seeks to put any other person in fear of being then and there subjected to force.

Answer 27

D must apply force to V or threaten to apply force to V in order to steal.

Question 28

R v Dawson and James
robbery s8

Answer 28

force is an ordinary word decided by the jury.

Question 29

RP V DPP
robbery s8

Answer 29

the QBD stated that there was no direct physical contact between the D and the V

Question 30

r v hale
robbery s8

Answer 30

theft was seen as a continuing act even though the force to tie up v was separate from the stealing

Question 31

Corcoran v Anderson s6(1)

Answer 31

a temporary appropriation will amount to theft