Property Offences

Question 1

Theft: governed by

Answer 1

S1 (1) theft act 1968

Question 2

Theft: appropriation is governed by

Answer 2

S3 (1) theft act 1968

Question 3

Theft: property is governed by

Answer 3

S4 (1) theft act 1968

Question 4

Theft: belonging to another is governed by

Answer 4

S5 (1) theft act 1968

Question 5

Theft: dishonestly is governed by

Answer 5

S2(1) theft act 1968

Question 6

Theft: with intention to permanently deprive

Answer 6

S6 (1) theft act 1968

Question 7

Theft: only one right has to assumed to be appropriation

Answer 7

Morris

Question 8

Theft: appropriation can occur without the V being deprived of their property

Answer 8

Pitham

Question 9

Theft: consent obtained fraudulently is an appropriation

Answer 9

Gomez

Question 10

Theft: money is property

Answer 10

Coins and banknotes

Question 11

Theft: personal property

Answer 11

Movable items

Kelly and Lindsay

Question 12

Theft: real property

Answer 12

Land, buildings and fixtures/fittings

Question 13

Theft: things in action property

Answer 13

An intangible item that allows people to gain access to benefits (bank account)

Question 14

Theft: knowledge is not property

Answer 14

Oxford

Question 15

Theft: wild creatures cannot be stolen

Answer 15

S4(4) theft act 1968

Question 16

Theft: wild flowers are not property unless used for commercial gain

Answer 16

S4(3) theft act 1968

Question 17

Theft: was not under obligation to deal with money in a particular way as it wasn’t stated for what it should be used for

Answer 17

Hall

Question 18

Theft: D has an obligation to return property received by mistake

Answer 18

S5(4) theft act 1968

Question 19

Theft: honest belief they had a legal right to appropriate the property

Answer 19

S2(1)(a) theft act 1968

Question 20

Theft: honest belief that the owner of the property would consent to the D appropriating the property

Answer 20

S2(1)(b) theft act 1968

Question 21

Theft: honest belief that the owner cannot be found by taking reasonable steps

Answer 21

S2(1)(c) theft act 1968

Question 22

Theft: Ivey test for dishonesty

Answer 22

. What was the Ds actual knowledge and beliefs to the facts
. Would the reasonable and honest person consider this persons state of mind dishonest

Question 23

Theft: treating the property as their own regardless of the owners rights

Answer 23

Lavender

Question 24

Theft: intention to permanently deprive as it is an outright taking and disposal

Answer 24

Velumyl

Question 25

Theft: under obligation to deal with money in a particular way

Answer 25

Davidge v Bunnett

Question 26

Robbery: governed by

Answer 26

S8(1) theft act 1968

Question 27

Robbery: the D must have committed a theft

Answer 27

Robinson

Question 28

Robbery: the slightest appropriation is sufficient for a completed theft, as the D would have had a sufficient degree of control over the property

Answer 28

Anderton

Question 29

Robbery: the D uses force before or at the time of the stealing

Answer 29

S8(1) theft act 1968

Question 30

Robbery: a continuing act is at the time of the stealing, as the D is using force to get away with the property

Answer 30

Hale

Question 31

Robbery: the D must use force or intend to put any person in fear of force

Answer 31

S8(1) theft act 1968

Question 32

Robbery: a nudge or jostling is sufficient for force

Answer 32

Dawson and James

Question 33

Robbery: the V doesn’t have to fear force. All that matter is the D intended them to fear it

Answer 33

B&R V DPP

Question 34

Robbery: unnoticeable force is not force

Answer 34

P V DPP

Question 35

Robbery: force can be applied indirectly

Answer 35

Clouden

Question 36

Robbery: a threat of future force is insufficient, it must be there and then

Answer 36

Khan

Question 37

Robbery: the threat does not have to be as the V imagines it

Answer 37

Bentham

Question 38

Robbery: the force can be on any person

Answer 38

S8(1) theft act 1968

Question 39

Robbery: it can be applied directly or indirectly to any person

Answer 39

Clouden

Question 40

Robbery: the force must be used in order to steal

Answer 40

Vinall

Question 41

Robbery: dishonest to appropriate property with an intention to permanently deprive

Answer 41

S2 theft act 1968 -then- s6 theft act 1967

Question 42

Robbery: Direct intent to use force to steal

Answer 42

Mohan / vinall

Question 43

Burglary: governed by

Answer 43

S9(a) and S9(b) theft act 1968

Question 44

Burglary: an effective and substantial entry has taken place

Answer 44

Collins

Question 45

Burglary: effective and substantial entry if he could handle the goods inside

Answer 45

Brown

Question 46

Burglary: substantial and effective entry despite their body not fully entering

Answer 46

Ryan

Question 47

Burglary: a building is an inhabited place such as a houseboat or caravan

Answer 47

S9(4) theft act 1968

Question 48

Burglary: a building must be intended to be permanent, or at least to endure for a considerable time

Answer 48

Stevens v gourley

Question 49

Burglary: a D can be a trespasser to a part of a building, due to not having permission to enter that part of the building

Answer 49

Walkington

Question 50

Burglary: a person who is given permission to enter for one purpose but in fact enters for another purpose is entering as a trespasser

Answer 50

Smith and jones

Question 51

Burglary: D had direct intent to trespass

Answer 51

Mohan

Question 52

Burglary: reckless as to trespass

Answer 52

Collins

Question 53

Burglary: conditional intent

Answer 53

Attorney general reference (no1 and 2 for 1979)

Question 54

Burglary: a lorry trailer on wheels used for storage was not a building. As the non-removal of its wheels indicates it is a vehicle

Answer 54

Seekings and Gould