Legislation / Theft / Robbery Flashcards
(19 cards)
What is statute law?
Law created by Parliament (written law). Example: Theft Act 1968.
What is common law?
Law developed by judges through decisions in court cases (unwritten law).
What is case law?
Past judicial decisions that form precedents for future cases.
What is Section 1 of the Theft Act 1968?
Definition of theft: “Dishonestly appropriating property belonging to another with the intention to permanently deprive.”
What is common law?
Law developed by judges through decisions in court cases (unwritten law).
What is the actus reus and mens rea of theft?
• Actus Reus: Appropriation, property, belonging to another
• Mens Rea: Dishonesty + intention to permanently deprive
What does WIFE stand for in relation to dishonesty?
• W - Willing to pay later (even without consent?)
• I - Intention to permanently deprive
• F - Finds property and keeps it
• E - Errors by owner (taking advantage of a mistake)
What is Section 2 – Dishonesty?
• No definition, but gives situations that are not dishonest
• Person is not dishonest if they:
1. Believe they have the legal right
2. Believe the owner would consent
3. Cannot find the owner despite reasonable steps
What is Section 3 – Appropriation?
• Assuming the rights of the owner
• Includes taking, selling, or using property
What is Section 4 – Property?
• Includes money, real/personal property, things in action
• Excludes land, wild mushrooms/flowers (unless for sale)
What is Section 5 – Belonging to another?
• Property belongs to any person having possession, control, or proprietary interest
What is Section 6 – Intention to permanently deprive?
• Includes borrowing if the item is kept so long it loses its value
• Treating item as their own to dispose of regardless of owner’s rights
What is Section 9(1)(a) of the Theft Act 1968?
• A person commits burglary if they enter a building or part of a building as a trespasser with intent to:
1. Steal
2. Inflict GBH
3. Do unlawful damage
What is Section 9(1)(b) of the Theft Act 1968?
• A person commits burglary after entering a building or part of it as a trespasser and then:
1. Steals
2. Attempts to steal
3. Inflicts or attempts to inflict GBH
What is Section 10 – Aggravated Burglary?
• Committing burglary while in possession of a weapon of offence, imitation firearm, real firearm, or explosive
What does “enters” mean in burglary law?
• Entry must be effective and substantial (partial entry may suffice if it aids the crime)
What does “building” mean under the Theft Act?
• Any structure with some degree of permanence, including homes, shops, outbuildings
• Includes inhabited vehicles or vessels
What does “trespass” mean in burglary?
• Entering without permission or legal authority
• Can be a trespasser even with permission if exceeding that permission
