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Law > Theft and Robbery > Flashcards

Theft and Robbery Flashcards

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1
Q

Theft
Act

A

The Theft Act 1968

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2
Q

Elements of theft

A

Appropriation
Belonging to Another
Property
Dishonesty
Intention to permanently deprive

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3
Q

definition of appropriation

A

any assumption by the person of the rights of the owner

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4
Q

Property definition

A

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

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5
Q

Appropriation statute

A

S3(1)

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6
Q

Property Statute

A

S4(1)

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7
Q

Property
confidentional does not amount

A

Oxford v Moss

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8
Q

Property
a corpse (if it has acquired different attributes due to application of skill) may be property

A

Kelly

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9
Q

Property
fruit, flower or foliage rule

A

not theft unless its for reward or sale
restaurants need permission
cultivated plants may differ
if you trap a wild animal, it is not theft, but it can then be stolen.

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10
Q

Belonging to another statute

A

S5
S5(3) for receiving property and being under obligation
S5(4) for another’s mistake

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11
Q

Belonging to another definition

A

property shall be regarded as belonging to any person having permission or control of it, or having in it any propriety right or interest

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12
Q

Belonging to another
State s5(3)

A

where a person receives property they are under obligation to retain and deal with the property, or its proceeds in a particular way and shall be regarded as belonging to the other

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13
Q

Belonging to another
State S5(4)

A

where a person gets property by another’s mistake, they are under obligation to make restoration of the property or its value

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14
Q

Dishonesty Statute

A

S2

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15
Q

Dishonesty
examples of where someone isnt dishonest

A
  1. If the d has in law the right to deprive on behalf of themself or another
  2. d believes he would have others consent if they knew
  3. the person to whom the property belongs can’t be discovered
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16
Q

Appropriation
goods in a supermarket

A

Morris

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17
Q

Appropriation despite consent

A

Lawrence
Hinks

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18
Q

Belonging to Another
duplicate items sent in error may amount

A

Webster

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19
Q

Belonging to Another
ownership and possession may be split (multiple people)
Steal a persons right to retain a good

A

Turner (no2)

20
Q

Belonging to Another
entirely abandoned

A

R v Rostron and Collinson

21
Q

Belonging to Another
clear obligation to use money in a particular way

A

Davidge and Bunnet
Walin

22
Q

Belonging to Another
State Davidge and Bunnet

A

if there is a clear obligation to use property in a particular way then this could amount to theft

23
Q

Belonging to Another
State S5(4)

A

where a person gets property by another mistake, they are under obligation to make restoration of the property or its value

24
Q

Dishonesty Case

A

Robinson

25
Q

Dishonesty
State S2(2)

A

a persons appropriation may be dishonest notwithstanding that he is willing to pay for the property

26
Q

Dishonesty Statute

A

S2
S2(s) willing to pay

27
Q

Test for Dishonesty

A

Ivey Test

28
Q

Dishonesty
State the Ivey Test

A

was the D dishonest by the standards of ordinary reasonable people (having the knowledge of the accused)?

29
Q

Dishonesty
First criminal case to use Ivey test

A

R v Barton

30
Q

Intention to permanently deprive statute

A

S6
S6(1) definition
S6(a) examples of borrowing

31
Q

Intention to permanently deprive definition

A

having the intention of permanently depriving the other of it if intention is to treat the thing as his own … regardless of others right

32
Q

Intention to permanently deprive
intent to replace money still amounts
not the same money

A

Velumyl

33
Q

Intention to permanently deprive
borrowing definition

A

a borrowing may amount to … but only if it is for a period and in circumstances making it equivalent to an outright taking or disposal

34
Q

Intention to permanently deprive
S6(a)

A

out of date newspaper
used ticket
paid cheque

35
Q

Intention to permanently deprive
treated thing as own

A

Raphael and Another

36
Q

Intention to permanently deprive
no intent to deprive

A

Easom

37
Q

Robbery Statute

A

S8 The Theft Act 1968

38
Q

Robbery definition

A

a person is guilty of robbery if he steals, and immediately before or at time of doing to, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
OR
a person is guilty of robbery if he steals, and immediately before or at the time of … uses force … or seeks to put any person in fear of then and there subjected to force.

39
Q

a completed theft
no completed theft

A

Corcoran v Anderton

40
Q

use force or threat of force
force on property can amount

A

Clouden

41
Q

use force or threat of force
force is widely interpreted/includes threats and gestures

A

Dawson and James

42
Q

use force or threat of force
force doesnt need to put v in fear

A

B and R v DPP

43
Q

Immediately Before or at time of
theft is a continuing act

A

R v Hale

44
Q

Immediately Before or at time of
may be used to aid escape

A

Lockley

45
Q

In order to steal meaning

A

Force must have enabled theft
If separate acts, its not robbery

46
Q

Mens Rea for Robbery

A

theft MR + intention to use force or threat of force in order to steal

47
Q

Robbery Elements

A

A completed theft
uses force or threat of force
Immediately or at time of
In order to steal
Mens Rea

Law (16 decks)

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