Theft and robbery

Question 1

Whats the main issue with the Theft act 1968?

Answer 1

• As theft is defined in the Theft act it is up to the judges to interpret the wording.
• Has often been described as a technical act due to the specific wording.
• This means that people can often be found guilty or not based on wording as opposed to what’s fair.

Question 2

What are the issues with the word appropriation?

Answer 2

• They only have to assume one of the rights of the owner, not all of them which is why people are able to be convicted before shoplifting or convicted even when victims consent.
• This makes it extremely easy to satisfy appropriation so the courts can easily get a conviction.

Question 3

What are the issues with property?

Answer 3

• There have been times when they have ignored rules about what would be property in order to secure a conviction.
• Seen in the case of Oxford V Moss when they ignored the rule about body parts.
• This creates inconsistency within the law.

Question 4

Whats the issues with belonging to another?

Answer 4

• Been times when people have been released due to technicality on who the property belongs to as in R V Dyke and Munro, unjust outcome.
• Some feel that the fact you can steal own property is unfair but outcomes such as the one in R V Turner justify this.

Question 5

What are the issues with dishonesty?

Answer 5

• Current test established in Ivy V Genting Casinos which was a civil case so only persuasive precedent. Some feel this should be cleared up by the courts.
• Objective test removed the subjective test which makes it less fair on the defendant.

Question 6

Whats the issue with the degree of force required in robberies?

Answer 6

• Degree of force required is only very slight yet the maximum punishment changes from 7 years to discretionary life.

Question 7

Whats the issue with the types of robbery?

Answer 7

• Indictable offence which must be tried at crown.
• Suggested there should be a lesser charge for when the degree of force is only slight and a more serious charge for greater degree of force.
• This would mean the lesser office could be tried in magistrates which would save time + money.

Question 8

Whats the issue with the current increase in robberies?

Answer 8

• Massive increase in the number that are reported to the police especially for street muggings.
• Lord Woolfe encouraged police sentences but there are currently low conviction rates and under 18s receive community orders there is no deterrence for the crime.