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Law paper 1 > Property Offences (CL book 2) > Flashcards

Property Offences (CL book 2) Flashcards

1
Q

THEFT What are the steps to success

A

intro - define theft - s.1 TA 1968
1. appropriation (morris)
2. property (oxford v moss)
3. PBA (turner) s.5(3) and s.5(4) if relevant
4. dishonesty (barton and booth)
5. ITPD

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2
Q

THEFT what is the defenition of appropriation

A

assuming the rights of the owner

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3
Q

THEFT what is the case for appropriation

A

morris
swapped labels in a supermarket

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4
Q

THEFT what is the rule for appropriation - consent / gifts

A

can be appropriation if given but later appropriates
e.g hire car and don’t return

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5
Q

THEFT what is the rule for keeping and dealing with property as an owner - appropriation

A

not appropriation if received in good faith
e.g given stolen goods and wasn’t aware

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6
Q

THEFT what section and act is appropriation

A

S.3 of the the theft act 1968

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7
Q

THEFT what is property

A

money, real or personal, things in action, and intangible property

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8
Q

THEFT what section and act is property

A

S.4 theft act 1968

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9
Q

THEFT what is NOT property

A

empty land
wild plants
wild animals

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10
Q

THEFT what is the case for property

A

Oxford V Moss
looked at exam paper. information is not property

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11
Q

THEFT what section and act is PBA

A

s.5 of the theft act 1968

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12
Q

THEFT define belonging to another

A

the owner is whoever has ownership, possession, and control

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13
Q

THEFT what is the case for PBA

A

turner
d took car from garage without paying. garage had possession and control . G

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14
Q

THEFT what is the rule on belonging to another - specific reason

A

S.5(3) - if you’re given property for a specific reason and don’t use it for that, you are stealing

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15
Q

THEFT what is the rule on belonging to another - mistake

A

s.5(4) if you’re given property by mistake you’re stealing if you don’t return it
EXCULDES GAMBLING IF BOOKIES PAY OUT BY MISTAKE

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16
Q

THEFT what is the rule on belonging to another - abandoned property

A

if property is abandoned it can’t be stolen, but if it’s lost it can be

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17
Q

THEFT what section and act is dishonesty

A

s.2 theft act 1968

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18
Q

THEFT what is not dishonest
and what is their sections

A

s.2(1) a - believes they had legal right
s.2(2) believes owner would consent
s.2(3) couldn’t find owner after taking reasonable steps

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19
Q

THEFT what is the case for dishonesty

A

Barton and booth - convinced carehome residents to leave money in their wills

20
Q

THEFT what test did barton and booth establish

A
  1. take into account ds knowledge and belief
  2. would ORP see it as dishonest
21
Q

THEFT what section and act is ITPD

A

s.6 of theft act 1968

22
Q

THEFT what is ITPD

A

general - deprives v of item forever
money - can’t return exact notes / coins
borrowed - of returns item wholly diminished

23
Q

THEFT what is the case for ITPD

A

lloyd
took film tape home, copied it, and returned it. NG

24
Q

ROBBERY
What are the steps to sucess?

A

intro - define robbery s.8 TA 1968
1. completed theft (corcoran v anderton)
2. force (dawson and james)
3. timing (hale)
4. purpose (donaghy)
5. MR x2

25
Q

ROBBERY What section and act is robbery?

A

s.8 of theft act 1968

26
Q

ROBBERY
What is theft?

A

needs to be a completed theft

27
Q

ROBBERY
what is the case for theft?

A

corcoran v anderton
tried to steal bag, pulled v to the floor
G

28
Q

ROBBERY
what is force?

A

can be used or threatened
against property or person
modify vs movement

29
Q

ROBBERY
what is the case for force?

A

dawson and james
nudged v to pickpocket
G

30
Q

ROBBERY
what is the rule for timing?

A

must be immediately before or at the time of the theft

31
Q

ROBBERY
what is the case for timing?

A

hale
broke into house, tied up owner as they were leaving
g as theft was continuing act

32
Q

ROBBERY
What is the rule for purpose?

A

the purpose of the force must be to steal only

33
Q

ROBBERY
What is the case for purpose?

A

Donaghy
used force to make v taxi drive. stole as he was leaving
NG - force wasn’t to steal

34
Q

ROBBERY
What is the MR for robbery?

A
  1. intention to steal
  2. intention for the force/ threat
35
Q

BURGLARY
What are the steps to success for burglary?

A

intro - define s.9(1a+b) of TA 1968
1. entry (ryan)
2. building
3. trespass
4. MR tresspass
5. MR final offence

36
Q

BURGLARY
What section and act is burglary?

A

s.9 theft act 1968

37
Q

BURGLARY
what are the 2 types of burglary?

A

s.9(1a) - enters with intent to steal/ gbh/ unlawful damage INTENT BEFORE ENTER
s.9(1b) - enters and then steals or attempts to steal/ gbh/ unlawful damage INTENT AFTER ENTER

38
Q

BURGLARY
What is the rule for entry?

A

any insertion of ds body

39
Q

BURGLARY
What is the case for entry?

A

Ryan
tried to enter, got stuck in window. G

40
Q

BURGLARY
What counts as a building?

A

fairly permenant
designed for habitation if vehicle/ vessel

41
Q

BURGLARY
what is the case for building?

A

Leathley
container used as fridge classed as building as fairly permenant

42
Q

BURGLARY
what is the case for part of a building?

A

walkington
d reached behind till to steal. G as part of building was staff only

43
Q

BURGLARY
what are the 3 types of trespassing?

A

no permission
permission but ventures somewhere prohibited
permission to enter but exceeds given permission

44
Q

BURGLARY
what is the case for tresspassing?

A

collins
v invited d in as she thought he was her bf
NG as had permission to enter

45
Q

BURGLARY
what is the MR for burglary?

A
  1. must intend or be reckless to enter as a trespasser
  2. must intend the final offence (theft, gbh, damage)

Law paper 1 (10 decks)

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