Theft Robbery Fraud Burglary criminal damage

Question 1

Theft is

And penalty

Answer 1

Section 1(1) of the theft act 1968
Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. Either way 7 yrs 
AR - appropriate property belonging to another
MR - dishonesty and intention to permanently deprive 
At same time

Question 2

Appropriate is

Answer 2

S.3(1) of TA - any assumption of rights of an owner
Suspicion guilty
R v Gomez - does not require absence of consent
R v Hinks - gift can be appropriation (dishonesty)

Question 3

Property is

Answer 3

S4(1) TA - identifies 5 things money, real property,personal property,things in action,other intangible property.
S4(3) wild stuff may not be stolen unless for reward
S4(4) wild creatures

Question 4

Belonging to another is

Cheque

Answer 4

S5(1) . May steal own property - turner car at garage
S5(3) obligation to deal with property in particular way
S5(4) overpayment mistake - Moines v cooper
Preddy cheque not theft but cashing it is r v Williams

Question 5

Dishonesty is in statute

Answer 5

S2(1) three definitions what is not dishonest
(a) honestly believe had legal right - Holden
(b) honestly believe owner would consent
(c) honestly believe owner cannot be found - r v small
S2(2) willing to pay may still be dishonest

Question 6

Dishonesty is case law

Answer 6

If not obvious R v Ghosh
1 according to the standard of reasonable and honest people was what was done dishonest.
2 did the defendant realise that reasonable and honest people would regard the conduct as dishonest.

Question 7

Intention to permanently deprive is

Answer 7

S6(1) ordinary meaning -.to treat things as own/ dispose of
R v Lloyd offered back at price
R v Marshall tickets unexpired sold on
S6(2) pawning

Question 8

What is Robbery

Case law - force

Answer 8

S.8(1) of the theft act 1968, indictable max life sentence
R v Dawson - jury to decide if force enough
Commit theft and either used force on any person or put any person in fear that force might be used. And
Force or threat was immediately before and
Force of threat used as the intention to steal

Question 9

What is robbery more info

Case law

Answer 9

No theft - no robbery
Force for jury to decide r v Dawson
Person being threatened has to be aware
MR is same as theft + must be reckless as to use of force

Question 10

What is fraud
Case law
Penalty

Answer 10

S1 of the fraud act 2006 general - s1(3) either way 10yrs & unlimited fine. DPP v Ray leaving restaurant without paying

Question 11

Fraud by false representation

Answer 11

S2 of the fraud act 2006
AR making a representation, that is false / MR dishonesty and intent to make gain for him or another , or cause lessor expose other to risk+knowledge that representation is or might be untrue or misleading

Question 12

Fraud by false representation - sections

Answer 12

2(1)(a) dishonesty makes a false representation
2(1)(b) intent to make gain or cause loss or expose risk+knowledge
2(2)(a) false if untrue or misleading
2(2)(b) knows is untrue or misleading or might be
2(3) any representation in fact or law. 2(4) can be implied / express
S5 gain or loss definition

Question 13

Making off without payment is

Answer 13

S3(1) of the theft act 1978
AR goods supplied or service done and makes off from spot where payment required without paying as req or expected. Must be legal and may be big area s3(2)
MR dishonest , knowledge payment was required intention to avoid payment (Vincent agreed to pay later) pay later intention- Allen

Question 14

Burglary is

Answer 14

S9 of the theft act 1968
S9(1)(a) enter a building as a trespasser intending to commit commit offence under s.9(2)
S9(1)(b) enter building as a trespasser and commit offence listed in s9(2)
S9(2) - theft, infliction of GBH s18 or s18 / 20 for (b), or criminal damage

Question 15

Burglary term meaning / elements

Answer 15

Enter - brown / Ryan - part of body or extension
As a trespasser - entry without consent / or beyond permission smith and Jones
MR for trespass - Collins entered without consent knew or was reckless to the fact that he did not have consent
Building or part - a permanent building

Question 16

Basic criminal damage is

Aggravated criminal damage is

Answer 16

Basic s1(1) of the criminal damage act 1971 -prop belonging to other
Aggravated is s1(2) of the CDA requires intention to destroy or damage property, or being reckless as to whether any property is damaged or destroyed whilst intending by destruction or damage to endanger life or reckless to whether life may be endangered. 
R v Dudley - no life needs to be put in danger.