Theft Robbery and Burglary

Question 1

actus reus of theft definition

Answer 1

Appropriate property belonging to another

Question 2

appropriation

Answer 2

s.3
assume rights of the owner (R v Morris)
appropriation can occur with the owners consent ( R v Gomez)
civil and criminal conflict (R v Hinks)

Question 3

Property

Answer 3

s.4
“money and all property real and personal including things in action and intangible property”
(R v Welsh) (R v Kelly)
confidential information is not property (Oxford v Moss)
s.4(3) plants and such are not unless used for commercial reasons
s.4(4) wild animals no tamed animals yes

Question 4

Belonging to another

Answer 4

s.5
s.5(1) people in possession or control (R v Turner)
s.5(1) proprietary interest (R v Hancock)
s.5(2) trust property (R v Wain)
s.5(3) holding money for a specific purpose (Davidge v Bennet)
s.5(4) received by mistake (R v Gilcks)
AG ref (No.1 1983)

Question 5

mens rea of theft

Answer 5

Dishonestly with the intention to permanently deprive

Question 6

dishonesty

Answer 6

s.2
s.2(1)(a) right in law (R v Holden)
s.2(1)(b) owners consent
s.2(1)(c) reasonable steps (R v Small)

If none apply (Ivey v Genting) reasonable man dishonesty test

Question 7

Intention to permanently deprive

Answer 7

s.6
Treat as own to dispose of regardless of the real owners rights (R v Velumyl)
take the goodness out of it (R v Bagshaw)

Question 8

What section is theft

Answer 8

s.1 theft act 1968

Question 9

what section is robbery

Answer 9

s.8 theft act 1968

Question 10

Robbery definition

Answer 10

“steals and immediately before or at the time of doing so and in order to do so, he uses force on any person or seeks to put them in fear of being then and there subjected to force”

Question 11

actus reus of robbery

Answer 11

actus reus of theft
the use of force or creating the threat of force

Question 12

force or threat of force

Answer 12

level of force qualifying for robbery is decided by the jury but need not be high (R v Dawson)

force must be used to steal (R v Hale)

Question 13

mens rea of robbery

Answer 13

mens rea of theft
intentionally or recklessly using or threatening force

Question 14

Definition of burglary a

Answer 14

s.9(1)(a)
person enters a building with the intent to steal GBH or Crim Dam

Question 15

actus reus of S.9(1)(a)

Answer 15

entry- must be effective (R v Ryan)

trespasser- exceed permission (R v Jones+Smith) (Hillen+Pettigrew v ICI)

Building- defined in (Stephens v Gourly) as a structure of considerable size designed to be permanent or at least endure for a considerable time
(R v Walkington)

Question 16

mens rea of s.9(1)(a)

Answer 16

intentionally or recklessly trespass (R v Collins)
MR of Theft GBH Crim Dam

Question 17

definition of burglary b

Answer 17

person enters a building as a trespasser and commits the the AR and MR of theft or GBH

Question 18

actus reus of s.9(1)(b)

Answer 18

entry- must be effective (R v Ryan)

trespasser- exceed permission (R v Jones+Smith) (Hillen+Pettigrew v ICI)

Building- defined in (Stephens v Gourly) as a structure of considerable size designed to be permanent or at least endure for a considerable time
(R v Walkington)

AR of theft or GBH

Question 19

mens rea of s.9(1)(b)

Answer 19

intentionally or recklessly trespass (R v Collins)
MR of Theft or GBH