THEFT+ROBBERY Flashcards
Actus reus of theft
Appropriation of property belonging to another S5 theft act
Mens rea of theft
Dishonest intention to permanently deprive
S1 theft act
Appropriation in theft
Section 3 theft act
Any assumption of the rights of the owner
Can come innocently and later assume any rights of owner
MORRIS- you don’t have to assume all right, some rights will do
MUST BE DISHONEST
Property in theft
Section 4 theft act
Money and all other property real or personal and things in action or tangible property
OXFORD V MOSS- can’t steal knowledge
Belonging to another in theft
Section 5 theft act
Property belongs to anyone who has possession or control over it or who has a proprietary interest.
TURNER- can steal own property if it isn’t in your possession.
Maximum sentence for theft
Seven years imprisonment
What is meant by being dishonest in theft
You must consider honestly before dishonesty.
If one of these applies ti d he has no Mens rea:
- D believed they have the right to the appropriated goods
- D believed owner would consent
- Can’t find the owner after taking reasonable steps
Then consider Ivey test
What is the Ivey test?
Was D dishonest by the standards of an ordianry reasonable person?
BARTON + BOOTH
What is meant by the intention to permenantly deprive?
Treating the thing as his own to dispose of regardless of others rights.
Borrowing isn’t theft unless returned with goodness and virtue gone.
LAVENDER- depriving owner of rights to treat as own
6 elements for a robbery to be successful
1-Force is used immediately or before stealing on any person
2-Theft must be complete
3-force or fear of force
4- force must be used to steal
5- must be at the time or before the theft (clouden)
Mens rea of robbery
Intention for threat or use of force to steal
