theft and robbery Flashcards
What are the elements of theft?
Appropriation, Property, Belonging to another, Intention to permanently deprive, Dishonesty
These elements are defined under the Theft Act 1968.
What is the legal definition of appropriation according to s.3?
‘Any assumption of the rights of the owner’
This definition is derived from the case of R v Morris [1983].
What does ‘belonging to another’ mean in the context of theft?
‘Where V is in possession or control of it’
This definition is taken from the case of R v Turner (No.2) [1971].
What does dishonesty refer to in the context of theft?
Was D dishonest according to the standard of an ordinary, reasonable person?
This is an objective test for dishonesty. barton and booth
Fill in the blank: The intention to ________ deprive the other of property is a key element of theft.
permanently
What does the case of R v Hinks [1998] illustrate about appropriation?
Appropriation can be with the owner’s consent
In this case, the defendant took more money than the fare from a consenting victim.
What does R v Barton and Booth [2020] emphasize regarding dishonesty?
Objective test for dishonesty
The case highlights the behavior of the defendants who exploited vulnerable residents.
What must be established for robbery according to s.8 Theft Act 1968?
There must be a completed theft
This is established in the case of Robinson [1977].
What constitutes ‘force’ in the context of robbery?
The ordinary meaning of force, which may include violence or some contact
The determination of what constitutes force is left to the jury.
True or False: Appropriation can occur even if the owner consents to the transfer of property.
True
Fill in the blank: The intention to permanently deprive is demonstrated by treating the property as your ______.
own
In the case of R v Lavender [1994], what was determined about the intention to permanently deprive?
Treating the property as your own
This case involved the removal of doors from a council property.
What was the outcome in Ricketts v Basildon Magistrates [2011] regarding property taken from outside a charity shop?
Liable for theft
The property belongs to the owner until the charity shop takes possession.
What is the significance of the case Davidge v Bunnett [1984] in relation to theft?
Specific obligation to deal with property a certain way
This case involved a defendant spending money intended for bills.
What does the case of Dawson and James [1976] establish about the use of force in robbery?
A push will be enough
The case involved nudging a victim to facilitate theft.
Fill in the blank: There must be ______ or ______ of force on any person in order to steal.
use, threat
What is the legal principle established in Hale [1979] regarding robbery?
Force must be immediately before or at the time of the theft
This case emphasizes the timing of force in relation to theft.
What is considered ‘force’ in the context of robbery?
Even ‘wrenching’ property from V’s hand or shoulder without touching them is seen as ‘force’ being used.
Clouden [1987] discusses the implications of force in robbery cases.
What was the outcome of the case P v DPP [2012] regarding the snatching of a cigarette?
The High Court quashed the conviction for robbery, stating that the minimum use of force required to remove a cigarette does not suffice to amount to the use of force against that person.
Mr. Justice Mitting’s ruling emphasized the need for a greater application of force.
True or False: Force or threat on anything other than a person can be considered robbery.
False
Robbery requires force or threat of force directed at a person.
What is a potential problem with the scenario of being tied up before property theft?
The force (being tied up) has not come immediately before the valuable property is taken from the safe.
This highlights the importance of timing in the application of force for robbery.
What legal precedent established that theft can be viewed as a continuing act?
Hale [1979] established that theft can be a continuing act.
In this case, the actus reus and mens rea were present during the entire act of theft.
What are the components of mens rea for robbery?
- Dishonesty
- Intention to permanently deprive
- Intention to use force in order to steal
These elements must be satisfied for a conviction of robbery.
When did a significant robbery involving a salesman occur?
On 13th May 2019, a salesman was robbed of £4m of jewellery in Staines car park.
The robbery involved serious injuries to the salesman and theft of valuable items.
