property offences

Question 1

what is the mens red of theft

Answer 1

dishonestly with the intention to permanently deprive

Question 2

what is the actus reus of theft

Answer 2

appropriate property belonging to another

Question 3

where is the definition of theft found

Answer 3

s1 of the theft act 1968

Question 4

the law on dishonesty was clarified in which case

Answer 4

r v barton and booth

Question 5

what case clarified knowledge is not considered property

Answer 5

oxford v moss

Question 6

where is the definition on appropriating found

Answer 6

s3

Question 7

where is the definition of dishonestly found

Answer 7

s2

Question 8

where is the definition of property found

Answer 8

s4

Question 9

where is the definition of belonging to another found

Answer 9

s5

Question 10

where is the definition of permanently depriving found

Answer 10

s6

Question 11

what is the definition of appropriation

Answer 11

an assumption of rights

Question 12

name a case which establishes appropriation

Answer 12

r v pitham and hehl

Question 13

which case showed that appropriation for theft takes place at one point in time

Answer 13

r v atakpu and abrahams

Question 14

when does appropriation take place

Answer 14

the first time rights are assumed

Question 15

can theft happen with consent

Answer 15

if the act is dishonest

Question 16

which case showed theft can take place with consent

Answer 16

lawrence v comm. met police

Question 17

what case showed gifts may be considered appropriation

Answer 17

r v hinks

Question 18

can gifts be appropriated

Answer 18

if d was dishonest in receiving the gift

Question 19

can d assume rights later

Answer 19

yes

Question 20

what 5 things class as property

Answer 20

money
real property
personal property
things in action
other intangible property

Question 21

what 3 things cant be stolen

Answer 21

land
wild plants
knowledge

Question 22

what does belonging to another cover

Answer 22

physical ownership
possession
control
proprietary interest

Question 23

what case shows that proprietary interest can establish belonging

Answer 23

r v webster

Question 24

what case showed that possession and control can establish belonging

Answer 24

r v turner (stole own car)

Question 25

what case showed property under obligation must be used in that way

Answer 25

davidge v bunnett

Question 26

what case showed that mistaken property belongs to the owner if there is an obligation to return it

Answer 26

r v gilks

Question 27

is motive relevant to the mens rea

Answer 27

no

Question 28

r v barton and booth test

Answer 28

what was the defendants actual state of belief of the facts was his conduct dishonest by ordinary standards

Question 29

what three reasons establishes an act is not dishonest

Answer 29

believe they have the rights to the property believe v would have consented the person cant be discovered

Question 30

can an unreasonable belief be honest

Answer 30

yes if they genuinely believe its not dishonest

Question 31

what case shows an unreasonable belief can be considered honest

Answer 31

r v small

Question 32

which case showed taking bank notes is theft

Answer 32

r v velumyl

Question 33

which case shows that treating the thing as their own to dispose of is enough to establish intention

Answer 33

dpp v lavender

Question 34

what case established conditional intent

Answer 34

r v easom

Question 35

define conditional intent

Answer 35

d intends to steal provided there is something present

Question 36

does willingness to pay quash the conviction

Answer 36

no

Question 37

what are the 2 types of burglary

Answer 37

s9 1 a s9 1 b

Question 38

what is the actus reus of s9(1)(a) burglary

Answer 38

entry of a building as a trespasser

Question 39

what is the actus reus of s9(1)(b) burglary

Answer 39

entry of a building as a trespasser theft or gbh

Question 40

what is the mens rea of s9(1)(b) burglary

Answer 40

intent when inside for theft or gbh know or be subjectively reckless to trespass

Question 41

what is the mens rea of s9(1)(a) burglary

Answer 41

intent to steal, inflict GBH or do unlawful damage know or be subjectively reckless to trespass

Question 42

what case shows intent to steal

Answer 42

r v ryans

Question 43

what case shows intention to trespass must be present

Answer 43

r v collins no intent not burglary

Question 44

what does entry not have to be

Answer 44

effective or substantial as long as there is trespass

Question 45

what case showed entry does not have to be effective or substantial

Answer 45

r v ryans

Question 46

which case showed outbuildings such as sheds are buildings

Answer 46

r v rodmell

Question 47

which case showed fixed structures can be classed as buildings

Answer 47

b and s v leathley locked freezer container used for storage

Question 48

which case showed moveable structures are not buildings

Answer 48

norfolk constabulary v seekings lorry container

Question 49

which moveable structures do class as buildings

Answer 49

caravans and houseboats

Question 50

which case shows that parts of a building can be trespassed when others cant

Answer 50

r v walkington

Question 51

which case showed that anyone with permission to enter is not a trespasser

Answer 51

r v collins

Question 52

which case showed that going beyond permissions given is classed as trespassing

Answer 52

r v smith and jones

Question 53

which case is used to explain s9(1)(b) burglary

Answer 53

r v smith and jones

Question 54

which case shows attempted burglary

Answer 54

r v boyle and boyle

Question 55

what is the definition of robbery

Answer 55

a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force

Question 56

what is the mens rea of robbery

Answer 56

theft intent or recklessness to use force to steal

Question 57

what is the actus reus of robbery

Answer 57

theft use of force OR putting a person in fear of use of force

Question 58

what case shows a theft must be completed to establish robbery

Answer 58

r v waters

Question 59

what does the amount of force not need to be

Answer 59

substantial

Question 60

what case shows force does not need tp be substantial

Answer 60

r v dawson and james

Question 61

what case shows that force must be used on a person

Answer 61

p v dpp

Question 62

what case shows an object may cause the force

Answer 62

r v clouden

Question 63

can force be used on an object

Answer 63

no

Question 64

can d use an object to use force

Answer 64

yes

Question 65

what case shows it doesnt matter if d is frightened

Answer 65

b and r v dpp

Question 66

does the force have to be used on the intended victim

Answer 66

no as long as its used to facilitate

Question 67

when must force be used to commit robbery

Answer 67

immediately before or during

Question 68

what case shows force must be used immediately before or during

Answer 68

r v hale

Question 69

what is attempted robbery

Answer 69

doing something that is more than merely preparatory to robbery