Theft and Robbery Flashcards
In what section of what act is theft defined?
S1(1) of the Theft Act 1968
What is the definition of theft?
‘Dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it’
What section defines appropriation?
S3
What is the definition of appropriation?
Any assumption by a person of the rights of another
What is the leading case for appropriation?
R v Morris
What is the legal principle from R v Morris?
It is enough to prove that D has assumed one right of the owner
What is the legal principle from Lawrence v MPC?
Even if V consents, there can still be an appropriation
What is the legal principle from R v Hinks?
Acceptance of a valid gift may sometimes amount to an appropriation (If D knows they are taking advantage of V)
Why did the defendants actions amount to an appropriation in R v Pitham v Hehl?
Because they had assumed the rights of the owner to sell the furniture
What does S3(1) of TA say?
An appropriation also includes where D initially comes across property innocently but later assumes a right by keeping it
What section defines ‘property’?
S4
What does S4(1) state that property includes?
Money, Real property, Personal Property, Things in action, Other intangible property
What section of TA discusses real property?
S4(2)
In general, can land be stolen?
No
In what 3 ways can real property be stolen?
Severing part of the land from the land, A tenant taking a fixture or fitting from the land let to him, Someone legally entrusted to look after the land abuses his power
What does S4(3) of TA discuss?
Wild plants, flowers, mushrooms etc
Are wild plants considered property?
No
Under what exception are wild plants, flowers and mushrooms considered property?
If they are picked for sale, reward or other commercial purpose
What does S4(4) of TA discuss?
Wild creatures
Are wild creatures property which can be stolen?
No
Under what exception can a wild creature be stolen?
If they have been tamed, are ordinarily kept in captivity or have been reduced into someone’s possession
What case states that corpses do not generally amount to property?
Kelly v Lindsay
In what instance can a corpse be stolen?
If they have been altered for medical examination, art or educational purposes
Do bodily fluids amount to property?
Yes
Which case outlines bodily fluid amounting to property?
R v Welsh
Which case states that information and knowledge cannot be stolen?
Oxford v Moss
In which case was D convicted of theft for stealing the physical exam papers?
R v Akbar
Which section of TA outlines ‘belonging to another’?
S5(1)
What is ‘belonging to another’ defined as?
Where a person has possession or control of property or a proprietary right/interest (e.g. Ownership), the property belongs to them
What is the key case for ‘belonging to another’?
R v Turner
What is the legal principle which came out of R v Turner?
Even the legal owner of property is capable of stealing his own property if it’s in the possession or control of someone else
What are the brief case facts of Ricketts v Basildon Magistrates?
D had taken donated clothes from Oxfam clothes banks and from BHF doorstep claiming that they belonged to no one
Why was D in Ricketts v Basildon convicted of theft?
Because the clothes in the clothes bank belonged to Oxfam and the clothes outside of BHF still belonged to the owner as BHF hadn’t taken them inside yet
What does S5(3) of TA 1968 state?
If D receives property and is under obligation to use it in a certain way, that property still belongs to another
What is the leading case for S5(3) of TA?
Davidge v Burnett
Why was D is Davidge v Burnett convicted of theft?
Because she had a legal obligation to use the money for the gas bill
What does S5(4) of TA 1968 state?
Where D receives property by mistake, he is under obligation to return it to the owner
What case demonstrated S5(4) of TA 1968?
Attorney General’s reference (No1 of 1983)
What type of transactions does S5(4) not include?
Betting transactions - no legal obligation is created
What does S2 not provide for ‘dishonesty’?
Doesn’t provide a definition of dishonesty but instead gives 3 exceptions where D has not been dishonest
What does S2(1)(a) of TA 1968 state?
D is not dishonest if HE BELIEVES he has a legal right to deprive the other of the property
What is the case that demonstrates S2(1)(a) of TA 1968?
Robinson
Why had D in the case of Robinson not been dishonest?
He believed he had a legal right to the money as it was owed to him
What does S2(1)(b) of TA 1968 state?
D has not been dishonest if HE BELIEVES that the owner would consent to the appropriation if they knew of it and it’s circumstances
Which case demonstrates S2(1)(b) of TA 1968?
Holden
Why had D in the case of Holden not been dishonest?
Because he had seen others do this and therefore believed that his employer would’ve consented
What does S2(1)(c) of TA 1968 state?
D has not been dishonest if HE BELIEVES the owner cannot be found by taking reasonable steps
Which case demonstrates S2(1)(c) of TA 1968?
Small
Why had D in the case of Small not been dishonest?
Because he didn’t believe that he could’ve found the owner
What does S2(2) of TA 1968 state?
D may still be dishonest even though he is willing to pay for property
Which case outlines the test which must be proven for dishonesty?
R v Ghosh
Outline the Ghosh test
1) D’s conduct would be considered dishonest to the reasonable and honest man, AND
2) D was aware of this
Which section of TA 1968 outlines ‘intention to permanently deprive’?
S6
Which section and sub-section defines ‘intention to permanently deprive?
S6(1)
What is the definition of ‘intention to permanently deprive’?
Intending to treat the property as one’s own to dispose of (ie deal with) regardless of the owner’s rights
Why was D in DPP v Lavender intending to permanently deprive?
By moving the doors from one flat to another, D was treating them as if they were his
Why was D in R v Velumyl intending to permanently deprive?
Although D planned to replace the bank noted,he had intended to deprive his employer of those exact notes
Why had D in R v Warner not intended to permanently deprive?
Because he had only intended to temporarily deprive V of his tools (ie borrow them)
What does S6(1) say in regards to borrowing?
Borrowing can amount to an intent to permanently deprive is property is kept for such time and in such circumstances that make it equivalent to an outright taking/disposal
When can borrowing amount to an intention to permanently deprive?
If the ‘goodness, value and virtue’ have been removed
Why had D in R v Lloyd not intended to permanently deprive?
Because he had returned the film before it was missed and in it’s original condition
What legal principle came out of R v Easom?
That conditional intent will not suffice for intention to permanently deprive
Where is robbery defined?
S8 of TA 1968
Define robbery
‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to steal, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force’
What are the actus reus components of robbery?
Completed theft
Use or threat of force on any person
Immediately before or at the time
In order to steal
What are the mens rea components of robbery?
Mens rea of theft
Intention to use/threaten force in order to steal
Which cases outlines that there must be a completed theft for a robbery?
R v Robinson
Corcoran v Anderton
Was there a complete theft in R v Robinson and why/why not?
There wasn’t a completed theft because there was no dishonesty
What legal principle came out of Corcoran v Anderton?
Theft may be complete even if the thief doesn’t take possession of the property
What can amount to ‘force’ and which case outlines this?
A nudge, R v Dawson and James
What came out of the case of RP and others v DPP?
Taking a cigarette out of a person’s mouth cannot amount to ‘force’
What legal principle came out of the case R v Clouden?
That force can be applied to the person via the property (ie indirectly)
What can D not threaten force on?
Property (eg V’s house)
What legal principle came out of Smith v Desmond?
That D does not have to use force on the actual victim
Which case outlines that force has to be used at the time or immediately before theft?
R v Hale
Which case outlines that force must be used in order to steal?
R v Lockley
What type of mens rea must D have to be convicted of Robbery?
Intention
Which case outlines intention for robbery?
R v Mohan
What must D have intention to do?
To use/threaten force in order to steal
Which case outlines that V need not be scared of D or D’s conduct?
B and R v DPP
