Property Offeces

Question 1

Definition of theft?

Answer 1

Section 1 Theft Act 1968- “Dishonest appropriation of property belonging to another with the intention to permanently deprive”

Question 2

First stage of theft?

Answer 2

Appropriation, assuming the owners rights.
Morris- any interference with the owners rights is enough.
Gomez- only an appropriation if it’s a dishonest appropriation.

Question 3

Side rules for stage one of theft?

Answer 3

Lawrence- Consent is still an appropriation
Hinks- Gifts are still an appropriation

Question 4

Stage two of theft?

Answer 4

Property, 4 types of property to at can be stolen:
Money
Personal
Intangible
Real

Question 5

What things cannot be stolen under the theft act?

Answer 5

Knowledge
Electricity
Wild plants
Wild animals

Question 6

What is stage three of theft?

Answer 6

Belonging to another, property belongs to another who has right or interest in it or any possession or control over it.

Question 7

What are the five side rules for stage three of theft?

Answer 7

Turner- taking own property
Lost property
Basildon- abandoned property
Davidge v Bennett- money for a particular purpose
Receiving money by mistake

Question 8

What is stage four of theft?(Mens rea)

Answer 8

Dishonesty, no legal definition but must apply to one of the three negatives. If not dishonesty test (Ivey+Booth).

Question 9

What are the three negatives?

Answer 9

S2(1)(a)- D believes they have a right in law to the property
S2(1)(b)- D believes the owner would consent to the taking of property
S2(1)(c)- D believes the owner cannot be discovered by taking reasonable steps

Question 10

What is the dishonesty test?

Answer 10

(Ivey+Booth) “was the D dishonest by the standards of an ordinary reasonable person?”

Question 11

What is stage five of theft? (Men’s rea)

Answer 11

Intention to permanently deprive, where the D intended to continue to treat the item as their own regardless of the owners rights.

Question 12

Side rules for stage five of theft?

Answer 12

Velumyl- Borrowing money, the same notes and coins couldn’t be replaced
Lloyd- If the value of an item is taken it can be theft.

Question 13

Definition of robbery?

Answer 13

Section 8 Theft Act 1968- “Defendant steals and immediately before or at the time of doing so, and in order to do so, uses force or the threat of force”

Question 14

First stage of the actus reus of robbery?

Answer 14

The Defendant must have committed a theft.
Robinson- all the elements of theft must be proved.

Question 15

Stage two of robbery?

Answer 15

Force or the threat of force must be used.
Dawson- any amount of force is enough.

Question 16

Side rules for stage two of robbery ?

Answer 16

Clouden- indirect force is enough
B+R v DPP- threat of force can be expressed or implied, v does not have to actually feel fear.

Question 17

Stage 3 of robbery?

Answer 17

Force must be used immediately before or at the time of theft and it must be connected to the theft.

Question 18

Side rule for stage 3 of robbery?

Answer 18

Hale- appropriationis a continuing act and as long as force takes place at some point the D is guilty.

Question 19

Stage four of robbery

Answer 19

Force must be used in order to steal (Lockley)

Question 20

Men’s rea for robbery?

Answer 20

Intention to use force.