UNIT4 THEFT AND ROBBERY Flashcards
What is the definition of theft?
“dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”
What is the first element of the actus reus of theft?
Appropriation.
What section is the first element of theft defined in?
Appropriation is defined in s3 Theft Act 1968
What is the definition of “appropriation”?
“any assumption of the rights of an owner”
What does (R v) Morris show?
D only needs to assume one of the owner’s rights.
What does s3(1) say?
Appropriation includes coming across the property innocently at first and later assuming the rights of the owner.
What is the legal principle of Lawrence v MPC? (s3)
Even if the victim consents there can still be appropriation.
What is the legal principle of (R v) Hinks? (s3)
Even acceptance of a valid gift may sometimes amount to an appropriation.
What is the second element of the actus reus of theft?
Property.
What section is the second element of the actus reus of theft found in?
Property is explained in s4(1) Theft Act 1968
What is property listed as?
Money (physical cash) Real property (land) Personal property Things in action (cheques, debt) Intangible property (copyright)
What does s4(2) say?
Real property can only be stolen when:
- someone severs anything considered part of the land from the land
- a tenant takes a fixture or structure from the land let to him
- someone legally entrusted to look after the land abuses his power
What does s4(3) say?
Wild plants, flowers, mushrooms etc can be stolen if picked for sale, reward or other commercial property.
What does s4(4) say?
Wild creatures can be stolen if are tamed, are normally kept in captivity or have been reduced into a person/s possession.
What was decided in Kelly v Lindsay? (s4)
Corpses and body parts are not property which can be stolen unless they have been altered/used for science.
What was decided in R v Welsh? (s4)
Bodily fluids can amount to property and so can be stolen.
What was decided in Oxford v Moss? (s4)
Information is not property which can be stolen?
How does Akbar contrast with Oxford v Moss?
D stole the physical exam papers not just information.
What is the third element of the actus reus of theft?
‘belonging to another”
What is the third element of the actus reus of theft defined as?
“anyone with possession or control of the property, or a proprietary right/interest in the property”
What section is the third element of the actus reus of theft found in?
Belonging to another is defined in s5(1) Theft Act 1968
What was the legal principle of Turner? (s5)
The legal owner of property is capable of stealing his own property if its in the “possession or control” of someone else.
What was decided in Williams v Phillips? (s5)
Property which a person no longer wants but is in their possession can still be stolen.
What does s5(3) say?
If D receives property and is under an obligation to use it in a particular war, that property will still be treated as belonging to another.
What happened in Davidge v Burnett? (s5)(3)
D used flatmates money intended for gas bills to buy Christmas presents.
What does s5(4) say?
When property is received by mistake and D is under a legal obligation to return it, the property still belongs to another person.
What happened in Att Gen (No 1 of 1983)? (s5)
D was overpaid, realised it and kept it.
What was decided in Gilks? s5(4)
s5(4) only applies if D has a legal obligation to return property and betting transactions do not create legal obligations.
What is the first element of the mens rea of theft?
“dishonestly”
What section is the first element of the mens rea of theft found in?
s2
What does s2(1) say?
3 situations where D has not been dishonest:
- s2(1)(a) D believes they have a legal right to deprive the other of the property, Robinson
- s2(1)(b) D believes the owner would have consented to the appropriation if they knew of it and its circumstances, Holden
- s2(1)(c) D believes the owner cannot be discovered by taking reasonable steps, Small
What is the Ghosh Test?
- D’s conduct would be considered dishonest by ordinary standards of reasonable and honest people
- and D was aware of this.
What is the second element of the mens rea of theft?
“intention to permanently deprive”
What section is the second element of the mens rea of theft found in?
Intention to permanently deprive is found in s6 TA 1968
What is the second element of the mens rea of theft defined as?
“intending to treat the property as one’s own to dispose of (i.e. deal with) regardless of owner’s rights”
What was decided in Lavendar?
D moved the property but it was technically still in council’s possession so makes D guilty. Dispose of = deal with
What was decided in Velumyl?
D borrowing money intending to replace amounts to theft since the exact money will not be replaced, convicting D prevents people taking what they like and just saying they’ll return it.
What was decided in Warner?
D’s actions resulted in borrowing since he intended to temporarily deprive
What does S6(1) say about borrowing and lending?
It can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/disposal.
What was the legal principle in Lloyd?
Borrowing can amount to an intention to permanently deprive if the ‘goodness, value and virtue’ has been removed.
What was the legal principle in Easom?
Conditional intent (D’s intention to permanently deprive is based upon the condition that V has something worth stealing) is not sufficient for theft.
Where is robbery defined?
Robbery is defined is s8 Theft Act 1968
What is the definition of robbery?
“D steals, and immediately before or at the time of doing so, and in order to steal, he uses force on any person or puts or seeks to put any person
What section number is robbery defined in?
s8 of Theft Act 1968
