property offences

Question 1

defenition of theft

Answer 1

s1 of the theft act, dishonest appropriation of property belonging to another with intention to permenantly deprive

Question 2

9 factors of theft with cases

Answer 2

1) defenition
2) appropriation (r v morris)
3) what is considered property (oxford v moss)
4) possession control or proprietary interest ( r v turner)
5) entrusts property for specific purpose
6) gains property mistakenly
7) honesty exceptions:
- legal right though (r v robinson)
- thought owner would consent
- cant find owner
8) ivey test (ivey v genting casino)
- dishonest to RP
- D aware of dishonesty
9) intention to PD (r v lloyd), no goodness lost no PD

Question 3

defenition of robbery

Answer 3

theft act 1968, if a person steals then immidiatly and in order to do so applies force or threatens it

Question 4

6 factors of robbery with cases

Answer 4

1) defenition
2) completed theft (r v waters)
3) force takes ordinary meaning ( r v dawson v james)
4) force used at time of stealing (r v hale)
5) force used to escape/ accident (r v lockley)
6) MR

Question 5

defention of burglry

Answer 5

theft act 1968
s9(1)(a) ensters as a tresspasser with intention to steal or cause GBH
s9(1)(b) enters as trespasser then forms MR

Question 6

6 factors of buglary with cases

Answer 6

1) defenition
2) entry (r v rayan)
3) building/part of building (r v walkington)
4) tresspasser (r v collins)
5) intention
6) s9(1)(a) intention prior
s9(1)(b) intention after