Theft and Robbery Flashcards
Theft
Act
The Theft Act 1968
Elements of theft
Appropriation
Belonging to Another
Property
Dishonesty
Intention to permanently deprive
definition of appropriation
any assumption by the person of the rights of the owner
Property definition
property includes money and all other property, real or personal including things in action and other intangible property
Appropriation statute
S3(1)
Property Statute
S4(1)
Property
confidentional does not amount
Oxford v Moss
Property
a corpse (if it has acquired different attributes due to application of skill) may be property
Kelly
Property
fruit, flower or foliage rule
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.
Belonging to another statute
S5
S5(3) for receiving property and being under obligation
S5(4) for another’s mistake
Belonging to another definition
property shall be regarded as belonging to any person having permission or control of it, or having in it any propriety right or interest
Belonging to another
State s5(3)
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
Belonging to another
State S5(4)
where a person gets property by another’s mistake, they are under obligation to make restoration of the property or its value
Dishonesty Statute
S2
Dishonesty
examples of where someone isnt dishonest
- If the d has in law the right to deprive on behalf of themself or another
- d believes he would have others consent if they knew
- the person to whom the property belongs can’t be discovered
Appropriation
goods in a supermarket
Morris
Appropriation despite consent
Lawrence
Hinks
Belonging to Another
duplicate items sent in error may amount
Webster
Belonging to Another
ownership and possession may be split (multiple people)
Steal a persons right to retain a good
Turner (no2)
Belonging to Another
entirely abandoned
R v Rostron and Collinson
Belonging to Another
clear obligation to use money in a particular way
Davidge and Bunnet
Walin
Belonging to Another
State Davidge and Bunnet
if there is a clear obligation to use property in a particular way then this could amount to theft
Belonging to Another
State S5(4)
where a person gets property by another mistake, they are under obligation to make restoration of the property or its value
Dishonesty Case
Robinson
Dishonesty
State S2(2)
a persons appropriation may be dishonest notwithstanding that he is willing to pay for the property
Dishonesty Statute
S2
S2(s) willing to pay
Test for Dishonesty
Ivey Test
Dishonesty
State the Ivey Test
was the D dishonest by the standards of ordinary reasonable people (having the knowledge of the accused)?
Dishonesty
First criminal case to use Ivey test
R v Barton
Intention to permanently deprive statute
S6
S6(1) definition
S6(a) examples of borrowing
Intention to permanently deprive definition
having the intention of permanently depriving the other of it if intention is to treat the thing as his own … regardless of others right
Intention to permanently deprive
intent to replace money still amounts
not the same money
Velumyl
Intention to permanently deprive
borrowing definition
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
Intention to permanently deprive
S6(a)
out of date newspaper
used ticket
paid cheque
Intention to permanently deprive
treated thing as own
Raphael and Another
Intention to permanently deprive
no intent to deprive
Easom
Robbery Statute
S8 The Theft Act 1968
Robbery definition
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.
a completed theft
no completed theft
Corcoran v Anderton
use force or threat of force
force on property can amount
Clouden
use force or threat of force
force is widely interpreted/includes threats and gestures
Dawson and James
use force or threat of force
force doesnt need to put v in fear
B and R v DPP
Immediately Before or at time of
theft is a continuing act
R v Hale
Immediately Before or at time of
may be used to aid escape
Lockley
In order to steal meaning
Force must have enabled theft
If separate acts, its not robbery
Mens Rea for Robbery
theft MR + intention to use force or threat of force in order to steal
Robbery Elements
A completed theft
uses force or threat of force
Immediately or at time of
In order to steal
Mens Rea
