Essential cases Flashcards
(26 cards)
R v Morris provides us with an example of someone doing what?
Assuming the rights of the owner
R v Lawrence tells us that theft can take place ____ ___ ______ __ ___ ______
With the consent of the victim
R v Hinks tells that ___ ____ can be stolen
Voluntary theft
Oxford v Moss
Tells us that information on a piece of paper cannot be stolen
R v Marshall: re-selling t___ is theft
Theft
R v Kelly informs us that stealing a ___ usually isn’t theft but if it has been altered then it is indeed theft
A corpse
R v Webster
The rights of the owner override the rights of those in possession of the property.
R v Davidge and Bunnett
Using money for a purpose other than what it was intended for is theft.
DPP v Jones and Others
Breaking a borrowed item suggests you are assuming the rights of the owner.
R v Lavender
Moving the owner’s property around without consent is theft.
R v Small
One is immediately regarded honest if they believed they had the right to deprive the other of the object.
R v Ghosh
Established the dishonesty test.
R v Dawson and James
Declared that “force” had its ordinary meaning in court.
B and R v DPP
Even if the V didn’t fear violence, if the D intended them to then it still counts as robbery.
R v Clouden
Force used in robbery can be indirect like in R v Bentham
R v Hale
If you steal something and then tie people up afterwards, you still used force to do so/ escape.
R v Collins tells us what two things
- If the victim invites you in, you cannot be a trespasser.
2. “effective and substantial entry”
R v Brown
“effective entry”
R v Ryan
“entry”- only his head and right arm were inside.
R v Walkington
People with conditional intent will be convicted.
R v Jones and Smith
If you enter with intent, even where you are welcomed, you are a trespasser.
R v Turner
A person can retain possession rights until a bill has been paid
R v Velumyl
Returning different items of the same value is still theft
Ivey v Genting casinos
Abolished the subjective element of the Ghosh test and only leaves the first, objective part.