LAW P1 CASES (theft + robbery)

Question 1

What is the case for the AR of theft (S3)?

Answer 1

• R v Morris, there was an interference of the owners rights

Question 2

What is the case for the AR of theft (S4)?

Answer 2

• R v Kelly and Lindsay, a corpse is not property but acquired body parts can be

Question 3

What is the case for the AR of theft (S5)?

Answer 3

• R v Basildon magistrates court, the bags and their contents outside the shop remained the property of the donor

Question 4

What is the case for the MR of theft (S2)?

Answer 4

• R v Holden, a person is not dishonest if they honestly believed they had a legal right to take the property, even if that belief was unreasonable

Question 5

What is the case for the MR of theft (S6)?

Answer 5

• R v Velumyl, the exact money could not be replaced

Question 6

What is the case for the AR of robbery (use of force or threat of force)?

Answer 6

R v Dawson and James, a robbery can be committed even if the use of force is minimal or slight

Question 7

What is the case for the AR of robbery (immediately before or at the time of the theft)?

Answer 7

R v Hale, force used after the initial taking can still amount to robbery

Question 8

What is the case for the AR of robbery (in order to steal)?

Answer 8

R v Lockley, the act of appropriation in theft can be a continuing act

Question 9

What is the case for the MR of robbery (intent to steal)?

Answer 9

R v Robinson, if a defendant honestly believes they have a legal right to the property if they are taking then there is no robbery

Question 10

What is the case for the MR of robbery (knowledge or recklessness about using force)?

Answer 10

R v Clouden, the use of force on a persons property can amount to the use of force on that person for the purposes of robbery