2.6 Property offences

Question 1

Theft

Actus reus

Answer 1

The appropriation of property belonging to another

Question 2

Theft

Actus reus: define appropriation

Answer 2

coming by property without stealing it or later assumptions of a right to keep it, or deal with it as owner

Question 3

Theft

Actus reus: What does property include

Answer 3

Money and all other propery real or personal

Question 4

Theft

Actus reus: What does s4 of the Theft act say cannot be stolen

Answer 4

Land
Mushrooms, flowers, fruit growing in the wild (unless picked for finantial gain)
Wild creatures unless tamed

Question 5

Theft

case outlining actus reus

Answer 5

R v Morris

Question 6

Theft

Facts of R v Morris

Answer 6

The D was shopping at a supermarket and decided to switch price labels of 2 items to try and get it at a cheaper price

Question 7

Theft

Held in R v Morris

Answer 7

‘Appropriation’, switching price labels interfered with the owners rights

Question 8

Theft

Mens rea

Answer 8

Dishonesty and intention to permanently deprive

Question 9

Theft

Mens rea: What are the 3 situations where a theft would not be dishonest

Answer 9

if D has the right to deprive other of it

if D would had other consent if they knew about the appropriation and the circumstances of it

if person whom property belongs cannot be discovered

Question 10

Theft

Mens rea: What is the 2 part test to clarify the meaning of dishonesty

Answer 10

Was what the D did dishonest according to ordinary standard of a reasonable and honest person

Did the D realise what they had done was dishonest according to these standards

Question 11

Theft

Mens rea: How is intention to permenantly deprive found

Answer 11

If the D treats the thing as his own to dispose of, disregarding the owners rights

And if item has returned but value has diminished

Question 12

Theft

Mens rea: give some example of returning an item but it’s value diminishing

Answer 12

Using batteries then giving them back

Selling a persons property back to them pretending to be the true owner

Question 13

Theft

Case outlining mens rea

Answer 13

R v Lloyd

Question 14

Theft

Facts of R v Lloyd

Answer 14

D worked in a cinema and took films so him and his coworkers can make copies to watch at another time

Question 15

Theft

Held in R v Lloyd

Answer 15

No theft as he did not fulfill ‘intention to permanently deprive’, he returned the copies with no value lost

Question 16

Theft

What are the defences applicable to theft

Answer 16

Duress by threat and Duress by circumstances

Question 17

Robbery:

Actus reus

Answer 17

Stealing, and immediatley before or at the time of doing so, and in order to do so, uses force on any person

Question 18

Theft

‘steals’

Answer 18

a theft must be committed, not theft no robbery

Question 19

Theft

‘use of force on any person’

Answer 19

D must apply or threaten to apply force to V in order to steal

Question 20

Theft

‘and in order to do so’

Answer 20

the force must be in order to steal

Question 21

Theft

‘immediately before or at the time of doing so’

Answer 21

Timing of the use or threat of the force must be right before or during the theft

Question 22

Robbery

Mens rea

Answer 22

Dishonesty and intention to permanetly deprive with intention to use force in order to steal