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AQA A-level Law > Property Offences > Flashcards

Property Offences Flashcards

1
Q

What kind of offence is theft

A

A triable either way offence

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2
Q

What is S1 of The Theft Act 1968 (definition)

A

Dishonestly appropriates property belonging to another with the intention of permanently depriving them of it

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3
Q

What section is appropriation in

A

S3

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4
Q

What is the definition of appropriation

A

Any assumption of the rights of an owner amounts to appropriation

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5
Q

What is included in appropriation

A

Taking property
Destroying it
Using it in an unauthorised way
Selling it
Offering to sell it
Refusing to return it after having come by it legally

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6
Q

The defendant does not need to assume all the rights, instead he must assume any but…

A

Assumption must be an adverse interference

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7
Q

Which case said switching labels amounts to appropriation

A

Morris (1983)

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8
Q

Which case stayed appropriation of goods is sufficient to find a charge of theft when consent is obtained by deception

A

Gomez (2003)

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9
Q

What was the ratio of Lawrence V MPC (1971)

A

An appropriation can take place despite consent of the owner

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10
Q

What is the difference between the consent in Lawrence than Hinks

A

In Hinks (2000) the D argued they were gifts over a period of time

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11
Q

What is S4 of The Theft Act 1968

A

Property

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12
Q

What is the definition of property

A

Money and all other property, real, personal, including things in action and other intangible property

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13
Q

Which case showed that unusual items come under property

A

Kelly (1998)

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14
Q

What are things in action

A

Right which can only be enforced by taking legal action as they have no physical existence E.g debt
They are changing or can change

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15
Q

What is intangible property

A

Things that have no physical existence and are fixed E.g copyrights

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16
Q

What did Oxford V Moss (1978) establish for property

A

Confidential information contained in the exam paper did not amount to intangible property. Information cannot be stolen

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17
Q

What does S4(2) state - property

A

Land cannot be stolen unless:
A person who doesn’t own it severs something from it
A tenant takes fixtures which should have retained attached to it

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18
Q

What does S4(3) state - property

A

It is not theft to take wild flowers etc
Would be theft if took whole plant with commercial purposes

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19
Q

What does S4(4) state - property

A

It is not theft to capture a wild animal that is not tamed
Cannot take from zoos or domestic pets

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20
Q

What is S5 of TA 1968

A

Belonging to another

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21
Q

What is classed under S5 Belonging to another

A

Property can not only belong to the actual owner but also to those who currently posses it or have a right over it
Can belong to more than one person at a time
Can steal own property
Abandoned property

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22
Q

Which case involves stealing own property as service station was in possession and control of the car at the time

A

Turner (1971)

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23
Q

What does ownerless property state

A

Lost property still belongs to the owner
Abandonment of property at time of appropriation cannot amount to theft

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24
Q

Why was small not guilty for stealing the car

A

D believed the owner could not be found. Had reasonable belief the car owner could not be found as it had been left for 2 weeks. A normal person would have contacted DVLA to find owner

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25
Q

Which case involved abandoned golf balls that were on property therefore owned by the property owners

A

Rostron (2003)

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26
Q

What does s5(3) state

A

Property received for a particular purpose
Property will ‘belong to another’ if those people holding it do anything unauthorised with it

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27
Q

Which case involves payment given for gas bills but were spent on presents

A

Davidge V Bunnett (1984)

28
Q

Why was Wain guilty of unauthorised use S5(3)

A

Appropriated property belonging to another as it was given to him with a clear obligation to go to charity

29
Q

Which case contrasts to Wain and why

A

Hall (1972)
D was not under obligation to deal with the money in a particular way
He was unable to return the money but intended to use it in the authorised way

30
Q

Which case had an attempted delivery to a charity shop but it was closed - unauthorised use

A

Ricketts Basildon magistrate

31
Q

S5(4) Property received by another’s mistake…

A

Means you are under obligation to give the property back to the rightful owner

32
Q

Which two kinds of duty are people under for returning property received by another’s mistake

A

Moral and legal duty

33
Q

Which case established the moral and legal obligation to return property

A

Gilks (1972)

34
Q

What did A-G Reference (NO1 of 1983) (1985) state

A

It is a possible theft conviction to arise where D had not withdrawn money but knew about it being given to them by mistake

35
Q

What does S2 state

A

Dishonesty

36
Q

How is the the decision on dishonest decided

A

There is no statute, the jury are expected to apply their own standards of morality

37
Q

Which case established the test for dishonesty

A

Ivey V Genting Casino (2017)

38
Q

Which case highlighted the test for MR

A

Barton V Booth (2020)

39
Q

What was the test of dishonesty clarified as

A

Whether an ordinary and honest person, believing same facts as D would consider D dishonest

40
Q

What are the four defences for dishonesty

A

Belief in legal right
Belief in the other consent
Belief that the property had been lost
A willingness to pay

41
Q

Which of the defences for dishonesty is an invalid defence

A

S2 (2) (2) - a willingness to pay is an invalid defence

42
Q

What kind of offence is robbery

A

Indictable offence

43
Q

What is the definition of robbery

A

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

44
Q

What must be established first before robbery

A

All the elements of theft must be satisfied for robbery

45
Q

Which case showed that robbery did not occur as no theft occurred as the D had honest belief he had a legal right to the money S2(1)(a)

A

Robinson (1977)

46
Q

What did the case of Zerei (2012) establish

A

There was no intention to permanently deprive the V of the car as it was abandoned. Therefore there was no theft = no robbery

47
Q

Which case showed that temporary appropriation of property is sufficient if shown D had intention to permanently deprive (robbery)

A

Corcoran V Anderton (1980)

48
Q

What happens if someone has used force but failed to appropriate

A

Where D has used force on another (or put another person in fear of force) in order to steal but has not achieved the appropriated then the D will not be guilty of robbery

49
Q

How is “force” taken by the courts

A

Force is a word in ordinary use. It is a word the jury understand
It means that very little force needs to be applied to satisfy the element

50
Q

Which case established that force is given its ordinary meaning and requires no direction to the jury

A

Dawson and James (1978)

51
Q

What was the ratio in the case of Clouden (1987)

A

Held that force used on the bag was sufficient to amount to force in a person

52
Q

What did P V DPP (2012) establish

A

There must be some kind of physical contact between D and V

53
Q

What does S8(1)

A

The force or threat of force must be used in order to steal
The act of robbery must be looked at in its entirety

54
Q

Which case established that the force was a continuing act

A

Hale (1978)

55
Q

What did Lockley (1995) establish

A

Force used in order to escape thus treated as force in order to steal

56
Q

What is the mens Rea of robbery

A

Men’s Rea of theft (dishonesty, intention to permanently deprive)
Plus either intention as to use force or threat of force

57
Q

Who do we focus on for the men’s Rea of robbery

A

The D’s intention to use force, doesn’t matter if the V was not scared

58
Q

Which case showed that it was irrelevant that V was not scared of violence, D intended to use force/ threat force when committing the theft

A

B and R V DPP (2007)

59
Q

What is S6

A

With the intention to permanently deprive the V of it

60
Q

When is some one guilty of permanently depriving under S6

A

If his intention is to treat the thing as his own regardless of the owner rights

61
Q

What can amount to intention to permanently depriving

A

Long term or indefinite borrowing

62
Q

Which case ratio stated that an intention to keep property indefinitely could amount to theft

A

Warner (1970)

63
Q

Which case stated that theft had not occurred but the goodness, virtue and practical value would have been taken if it was give back in a state

A

Lloyd (1985)

64
Q

Which case said conditional intention to permanently deprive does not satisfy for theft

A

Easom (1971)

65
Q

Which case showed that the exact bank notes and coins must be returned or intention to permanently deprive is satisfied

A

Velumyl (1989)

66
Q

Which case involves treating doors as there own property despite the owners rights

A

DPP v Lavender (1994)

67
Q

Which case said dishonesty under S2(1)(a) is entirely subjective. As long as V completely and honestly believed he had a right

A

Holden (1991)

AQA A-level Law (14 decks)

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