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ALEVEL LAW > UNIT4 THEFT AND ROBBERY > Flashcards

UNIT4 THEFT AND ROBBERY Flashcards

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1
Q

What is the definition of theft?

A

“dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

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2
Q

What is the first element of the actus reus of theft?

A

Appropriation.

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3
Q

What section is the first element of theft defined in?

A

Appropriation is defined in s3 Theft Act 1968

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4
Q

What is the definition of “appropriation”?

A

“any assumption of the rights of an owner”

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5
Q

What does (R v) Morris show?

A

D only needs to assume one of the owner’s rights.

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6
Q

What does s3(1) say?

A

Appropriation includes coming across the property innocently at first and later assuming the rights of the owner.

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7
Q

What is the legal principle of Lawrence v MPC? (s3)

A

Even if the victim consents there can still be appropriation.

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8
Q

What is the legal principle of (R v) Hinks? (s3)

A

Even acceptance of a valid gift may sometimes amount to an appropriation.

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9
Q

What is the second element of the actus reus of theft?

A

Property.

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10
Q

What section is the second element of the actus reus of theft found in?

A

Property is explained in s4(1) Theft Act 1968

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11
Q

What is property listed as?

A 
Money (physical cash)
Real property (land)
Personal property
Things in action (cheques, debt)
Intangible property (copyright)
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12
Q

What does s4(2) say?

A

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
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13
Q

What does s4(3) say?

A

Wild plants, flowers, mushrooms etc can be stolen if picked for sale, reward or other commercial property.

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14
Q

What does s4(4) say?

A

Wild creatures can be stolen if are tamed, are normally kept in captivity or have been reduced into a person/s possession.

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15
Q

What was decided in Kelly v Lindsay? (s4)

A

Corpses and body parts are not property which can be stolen unless they have been altered/used for science.

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16
Q

What was decided in R v Welsh? (s4)

A

Bodily fluids can amount to property and so can be stolen.

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17
Q

What was decided in Oxford v Moss? (s4)

A

Information is not property which can be stolen?

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18
Q

How does Akbar contrast with Oxford v Moss?

A

D stole the physical exam papers not just information.

19
Q

What is the third element of the actus reus of theft?

A

‘belonging to another”

20
Q

What is the third element of the actus reus of theft defined as?

A

“anyone with possession or control of the property, or a proprietary right/interest in the property”

21
Q

What section is the third element of the actus reus of theft found in?

A

Belonging to another is defined in s5(1) Theft Act 1968

22
Q

What was the legal principle of Turner? (s5)

A

The legal owner of property is capable of stealing his own property if its in the “possession or control” of someone else.

23
Q

What was decided in Williams v Phillips? (s5)

A

Property which a person no longer wants but is in their possession can still be stolen.

24
Q

What does s5(3) say?

A

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.

25
Q

What happened in Davidge v Burnett? (s5)(3)

A

D used flatmates money intended for gas bills to buy Christmas presents.

26
Q

What does s5(4) say?

A

When property is received by mistake and D is under a legal obligation to return it, the property still belongs to another person.

27
Q

What happened in Att Gen (No 1 of 1983)? (s5)

A

D was overpaid, realised it and kept it.

28
Q

What was decided in Gilks? s5(4)

A

s5(4) only applies if D has a legal obligation to return property and betting transactions do not create legal obligations.

29
Q

What is the first element of the mens rea of theft?

A

“dishonestly”

30
Q

What section is the first element of the mens rea of theft found in?

A

s2

31
Q

What does s2(1) say?

A

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
32
Q

What is the Ghosh Test?

A
  1. D’s conduct would be considered dishonest by ordinary standards of reasonable and honest people
  2. and D was aware of this.
33
Q

What is the second element of the mens rea of theft?

A

“intention to permanently deprive”

34
Q

What section is the second element of the mens rea of theft found in?

A

Intention to permanently deprive is found in s6 TA 1968

35
Q

What is the second element of the mens rea of theft defined as?

A

“intending to treat the property as one’s own to dispose of (i.e. deal with) regardless of owner’s rights”

36
Q

What was decided in Lavendar?

A

D moved the property but it was technically still in council’s possession so makes D guilty. Dispose of = deal with

37
Q

What was decided in Velumyl?

A

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.

38
Q

What was decided in Warner?

A

D’s actions resulted in borrowing since he intended to temporarily deprive

39
Q

What does S6(1) say about borrowing and lending?

A

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.

40
Q

What was the legal principle in Lloyd?

A

Borrowing can amount to an intention to permanently deprive if the ‘goodness, value and virtue’ has been removed.

41
Q

What was the legal principle in Easom?

A

Conditional intent (D’s intention to permanently deprive is based upon the condition that V has something worth stealing) is not sufficient for theft.

42
Q

Where is robbery defined?

A

Robbery is defined is s8 Theft Act 1968

43
Q

What is the definition of robbery?

A

“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

44
Q

What section number is robbery defined in?

A

s8 of Theft Act 1968

ALEVEL LAW (4 decks)

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