Property Flashcards

(49 cards)

1
Q

Where is theft defined

A

Section 1-6 of the theft act

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2
Q

What is the definition on theft (section 1)

A

Dishonestly appropriating property belonging to another with intention to permanantely deprive

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3
Q

What is section 2a

A

where the defendant thinks they have a right to the property

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4
Q

what is section 2b

A

Does D have consent from the owner to take it

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5
Q

What is section 2c

A

Does D take all reasonable steps to return the property

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6
Q

What cases are used for dishonesty

A

Ghosh and Ivey

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7
Q

What happened in Ghosh

A

D took money that wasnt owed to him as consultancy fees

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8
Q

What two tests did Ghosh establish

A

Subjective test - Does the defendant view their actions as dishonest
Objective test- Does a reasonable person view defendant actions as dishonest

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9
Q

What happened in Ivey

A

D had stolen money from a casino

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10
Q

What did Ivey establish

A

Took away the subjective part and leaves it as a reasonable person

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11
Q

What two cases are used for appropriation

A

Gomez and Lawrence

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12
Q

What happened in Gomez

A

D persuaded manager to accept two stolen cheques as payment

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13
Q

What did Gomez establish

A

D must assume the rights of the owner

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14
Q

What happened in Lawrence

A

D took more money than what was required

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15
Q

What did Lawrence establish

A

Theft can still happen while under consent

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16
Q

What is property

A

any tangible object

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17
Q

What two cases are used for property

A

Kelly and Lindsay Oxford v Moss

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18
Q

What happened in kelly and lindsay

A

D used body parts as part of an art showcase

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19
Q

What did kelly and lindsay establish

A

Body parts can be property

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20
Q

What happened in Oxford v Moss

A

D had looked at information on a test before taking it

21
Q

What did Oxford v Moss establish

A

Information is not considered to be property

22
Q

What case is used for belonging to another

23
Q

What happened in turner no.2

A

D stole his car from a garage without paying

24
Q

What did turner no.2 establish

A

The person the property belongs to is the person whos is in possession of it

25
Which two cases are used for permanentaly deprive
Velumyl and Lloyd
26
What happened in Velumyl
D stole money and gave back a different note, it must be the exact same property
27
What happened in Lloyd
D used films and copied them then returned the films
28
What did Lloyd establish
The property must be returned in the exact same state
29
Define Robbery
D is guilty of robbery if he steals and immediately before or at the time of doing so he uses force on any person or seeks to put any person in fear of being the and there subjected to force
30
What cases are used in robbery
``` Robinson Corcoran v Anderton Raphael Dawson and James Clouden B and r v DPP Hale Lockley ```
31
Robinson
D owed £7 was given £5 then presented a knife and demanded the other £2 He was entitled to the money
32
Corcoran v anderton
D steals a bad then drops it | He had intention to permanently deprive
33
Raphael
D stole v’s car and offered £500 to buy it back | Used force to take it
34
Dawson and James
D pushed v allowing another to steal v’s wallet
35
Clouden
D wrenched shopping basket from v | Force need not be directed at v
36
B and r v DPP
V was thieves by a group | V doesn’t need to apprehend any violence
37
Hale
D tied v up and stole from her | Happened during the theft
38
Lockley
Shoplifted beer and tries to leave but was stopped
39
What are the two sections for burglary
9.1a and 9.1b
40
What is burglary 9.1a
D enters a building or part of a building as a trespasser with intent to steal inflict gbh or cause unlawful criminal damage to the building or anything in it
41
What is burglary 9.1b
D steals or attempts to steal or d inflicts or attempts to inflict gbh once entering a building or part of a building
42
What cases are used for burglary
``` Brown Collins Ryan Walkington B and s leathley Norfolk constabulary v seeking a and Gould Smith and Jones ```
43
What is brown
D rummaged a shop with top half of his body | He had entered the building
44
What happened in Collins
D had sexual intercourse with a woman after climbing a ladder He wasn’t a trespasser
45
What happened in Ryan
D got stuck entering a house | He entered with intention
46
What happened in walkington
D opened a till at a counter area | Was a trespasser
47
What happened in B and S leathley
There was a 25 ft freezer with locks | The freezer was a building
48
What happened In Norfolk constabulary v seekings and Gould
A trailer had steps and electricty supply | Anything on wheels is not a building
49
What happened in smith and jones
Some stole a tv from dads house | Son exceeded permission granted