Theft, Fraud &co

Question 0

R v Hinks

Answer 0

the receipt of a gift can be an appropriation

Question 1

DPP v Gomez

Answer 1

an appropriation can occur even if property passes with the consent or authorisation of the owner

Question 2

R v Ghosh

Answer 2

Mens rea of theft: (1) was the act dishonest according to the ordinary standards of reasonable and honest people (2) if yes, did the defendant realise that reasonable and honest people would regard what he did as dishonest?

Question 3

DPP v Ray

Answer 3

(Chinese restaurant case) Held that the transaction had to be regarded as a whole in that the defendant’s conduct was a continuing representation of his present intention to pay

Question 4

R v Dawson

Answer 4

whether force had been used or threatened is a matter for the jury in each case to determine

Question 5

R v Clowden

Answer 5

there is no distinction between applying force to the person or to his property

Question 6

R v Hale

Answer 6

force is used at the time of theft if the appropriation was still continuing when force was used

Question 7

R v Ryan

Answer 7

defendant remained stuck inside a window. Held to amount to an entry

Question 8

R v Boyle

Answer 8

permission to enter obtained by fraud is not true permission –> defendant will be a trespasser

Question 9

R v Jones

Answer 9

entering a building with the intention of doing something contrary to a general permission to enter can amount to trespass

Question 10

R v Collins

Answer 10

the mens rea for entry as a trespasser is that at the time of entry into the building the defendant must either know he was entering as a trespasser, or be reckless as to whether he was a trespasser or not

Question 11

R v Walkington

Answer 11

defendant was convicted of burglary when he went around a three-sided counter in a shop to get to the till