LAW P1 CRIM (THEFT + ROBBERY) Flashcards
(15 cards)
What is the definition of theft?
The dishonest appropriation of property belonging to another with the intention to permanently deprive them of it.
Where is theft contained?
Theft is contained under S1 of the theft act 1968
What are the different sections for theft?
S1 - Theft definition
S2 - Dishonesty
S3 - Appropriation
S4 - property
S5 - Belonging to another
S6 - Intention to permanently deprive
What sections are the actus reus of theft?
S3 - approproation
S4 - Property
S5 - Belonging to another
What sections are the mens rea of theft?
S2 - Dishonesty
S6 - Intention to permanently deprive
What are the cases for the actus reus of theft?
S3 (appropriation) - R v Morris, there was an interference of the owners rights
S4 (property) - Kelly v Lindsay, a corpse is not propery but acquired body parts can be
S5 (belonging to another) - R v Basildon magistrates court, the bags and their contents outside the shop remained the property of the donor
What are the cases for the mens rea of theft?
S2 (dishonesty) - 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
S6 (intention to permanently deprive) - R v Velumyl, the exact money could not be replaced
What is the definition of robbery?
A person is guilty of robbery if he steals, and immediately before or at the same time of doing so, he uses force or seeks to put anyone in fear of being subjected to force.
Where is robbery contained?
Robbery is contained under S8 of the theft act 1968.
What is the actus reus of robbery?
S3,4,5 theft act 1968 + the added element of force
What is the mens rea of robbery?
S2,6 theft act 1968 + the added element of force.
What are the additional actus reus elements for robbery?
- Use of force or threat of force
- Immediately before or at the time of the theft
- In order to steal
What are the cases for the additional actus reus elements for robbery?
– R v Dawson and James, a robbery can be committed even if the use of force is minimal or slight
– R v Hale, force used after the initial taking can still amount to robbery
– R v Lockley, the act of appropriation in theft can be a continuing act
What are the additional mens rea elements for robbery?
- The intent to steal
- Knowledge or recklessness about using force or threatening force to accomplish the theft
What are the cases for the additional mens rea elements for robbery?
– 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
– 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
