Theft And Robbery Flashcards
Definition of theft
Type of offence. Max Sentence
“A person is guilty of theft if he dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it”
Either way offence. Max 7 years
What 3 points have to be proved to establish the AR?
What 2 points have to be proved to establish MR.
IN ORDER
AR:
-s3 Appropriates
-s4 Propery
-s5 Which belonged to another
MR:
-s2 Dishonesty
-s6 Intention to permanently deprive
What does s2(2) of the theft act say?
D is not honest just because he shows a willingness to pay
What are the 3 exceptions when you are not dishonest? Section number and case
S2(1)(a) - a person will not be dishonest if he appropriates property for himself or a 3rd party, believing he has a right in law to deprive another of it. - HOLDEN
S2(1)(b) - a person will not be dishonest if he takes property believes that the other would consent if they knew about it
S(2)(c) - a person will not be dishonest if he appropriates property believing that the person to whom it belongs to cannot be discovered by taking reasonable steps. - SMALL
ONLY MENTION RELEVANT ONE
COMMON LAW TEST OF DISHONESTY IN THEFT
R V BARTON & BOOTH
Whether according to the ordinary standards of reasonable and honest people what was done was dishonest.
What are the two different ways someone could have ITPD s6?
s6(1) D intended to treat the property as his own to dispose of regardless of the real owners rights - MONOGHAN
s6(2) Including borrowing and lending for periods making it equivalent to an outright taking
LLOYD;1985
S6
The goodness virtue, the practical value of the films to the owners has not gone out of the article
s6 ITPD CONTD
If D parts with possession of the property and knows he cannot return it to the true owner it is an ITPD.
s3(1) APPROPRIATES
Doing something with the property that only the owner has a right to do - PITHAM
If he has come by the property without stealing it, any later assumption of rights is an appropriation, (MR CAN BE FORMER LATER) - OIR.
S4 PROPERTY
“Money and all other property, real and personal, including things in action and other intangible property” KELLY V LINDSEY
Confidential info is not property that can be stolen - OXFORD V MOSS
s5 BELONGING TO ANOTHER
s5(1) “Propert shall be regarded as belonging to any person as having possession or control of it, or having it in any proprietary right”
TURNER
OIR:
You can still be in possession of property even if you don’t know about it. WOODMAN
s5(3) Belonging to another
Used where D receives property to deal with in a special/particular way and does something else with it. He forms the MR after he has possession of the property.
s5(3) allows the law to treat the property as still belonging to the true owner so D can be charged with theft. - DAVIDGE V BENNET
s5(4) Belonging to another
“We’re a person gets property by another’s mistake he is under an obligation to give it back if he fails to do so he would be intending to deprive the other of it”
s5(4) allows the lad who to treat the property as still belonging to the true owner.
Definition of robbery s8 theft act
A person is guilty of robbery if he steals, and immediately before or at the time of stealing and in order to steal he uses force on any person or puts or seeks to put any person in fear and then subject to force.
Stage 1 AR Robbery
1) Has D stolen?
Steals - all the elects of theft established.
Robbery is complete when D appropriated the property (DAWSON)
BUT he doesn’t have to get away with it (CORCORAN V ANDERTON)
