Theft and Robbery

Question 1

Theft
Act

Answer 1

The Theft Act 1968

Question 2

Elements of theft

Answer 2

Appropriation
Belonging to Another
Property
Dishonesty
Intention to permanently deprive

Question 3

definition of appropriation

Answer 3

any assumption by the person of the rights of the owner

Question 4

Property definition

Answer 4

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

Question 5

Appropriation statute

Answer 5

S3(1)

Question 6

Property Statute

Answer 6

S4(1)

Question 7

Property
confidentional does not amount

Answer 7

Oxford v Moss

Question 8

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

Answer 8

Kelly

Question 9

Property
fruit, flower or foliage rule

Answer 9

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.

Question 10

Belonging to another statute

Answer 10

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

Question 11

Belonging to another definition

Answer 11

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

Question 12

Belonging to another
State s5(3)

Answer 12

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

Question 13

Belonging to another
State S5(4)

Answer 13

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

Question 14

Dishonesty Statute

Answer 14

S2

Question 15

Dishonesty
examples of where someone isnt dishonest

Answer 15

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

Question 16

Appropriation
goods in a supermarket

Answer 16

Morris

Question 17

Appropriation despite consent

Answer 17

Lawrence
Hinks

Question 18

Belonging to Another
duplicate items sent in error may amount

Answer 18

Webster

Question 19

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

Answer 19

Turner (no2)

Question 20

Belonging to Another
entirely abandoned

Answer 20

R v Rostron and Collinson

Question 21

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

Answer 21

Davidge and Bunnet
Walin

Question 22

Belonging to Another
State Davidge and Bunnet

Answer 22

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

Question 23

Belonging to Another
State S5(4)

Answer 23

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

Question 24

Dishonesty Case

Answer 24

Robinson

Question 25

Dishonesty State S2(2)

Answer 25

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

Question 26

Dishonesty Statute

Answer 26

S2 S2(s) willing to pay

Question 27

Test for Dishonesty

Answer 27

Ivey Test

Question 28

Dishonesty State the Ivey Test

Answer 28

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

Question 29

Dishonesty First criminal case to use Ivey test

Answer 29

R v Barton

Question 30

Intention to permanently deprive statute

Answer 30

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

Question 31

Intention to permanently deprive definition

Answer 31

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

Question 32

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

Answer 32

Velumyl

Question 33

Intention to permanently deprive borrowing definition

Answer 33

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

Question 34

Intention to permanently deprive S6(a)

Answer 34

out of date newspaper used ticket paid cheque

Question 35

Intention to permanently deprive treated thing as own

Answer 35

Raphael and Another

Question 36

Intention to permanently deprive no intent to deprive

Answer 36

Easom

Question 37

Robbery Statute

Answer 37

S8 The Theft Act 1968

Question 38

Robbery definition

Answer 38

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.

Question 39

a completed theft no completed theft

Answer 39

Corcoran v Anderton

Question 40

use force or threat of force force on property can amount

Answer 40

Clouden

Question 41

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

Answer 41

Dawson and James

Question 42

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

Answer 42

B and R v DPP

Question 43

Immediately Before or at time of theft is a continuing act

Answer 43

R v Hale

Question 44

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

Answer 44

Lockley

Question 45

In order to steal meaning

Answer 45

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

Question 46

Mens Rea for Robbery

Answer 46

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

Question 47

Robbery Elements

Answer 47

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