theft Flashcards
(19 cards)
definition of theft
“A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.”
section one
definition of robbery
“A person is guilty of robbery if they steal, and immediately before or at the time of doing so, use force or put any person in fear of being subjected to force.”
section 8
r v morris
appropriation can occur when the labels are switched
he switched the labels to pay a lower price
r v lawrence
appropriation can occur even with owners consent
fare was more than £1 taxi driver extracted £6 from the exchange students wallet when he gave him £1
r v hinks
The House of Lords upheld Hinks’s conviction for theft, establishing that appropriation under the Theft Act 1968 can occur even when property is acquired through a valid gift. the victim was old with limited intellgence and was convinced to gift that amount
R v Lockley (1995)
D was caught shoplifting cans of beer from an off-licence. As a security guard attempted to prevent his escape, Lockley used force to push past him. He was convicted of robbery. On appeal, Lockley contended that the theft was complete before the use of force. The court upheld his conviction, affirming that the appropriation of property is a continuing act.
r v hale
theft of jewelry was a continuing act, the force used to tie up victim happened during stealing
b and r v dpp
ictim’s subjective experience was irrelevant; the focus was on the defendants’ intent to apply force to facilitate theft.
r v clouden
The court ruled that the force applied to the basket, resulting in force on the woman, met the statutory requirement of force ‘on any person’.
r v anderton
thoguh d did not escape with the bag, theft was completed once they appropriated the bag
r v velumyl
This case established that borrowing money without returning the specific notes and coins can constitute theft, as it deprives the owner of the original property.
booth and barton
This approach focuses solely on whether the defendant’s conduct was dishonest by the standards of ordinary, reasonable, and honest people, without considering the defendant’s subjective understanding.
ivey
established subjective and objective elements of the GOSH test
objective :honesty is determined by assessing whether the defendant’s conduct was dishonest according to the standards of ordinary, reasonable, and honest people.
robinson
not theft as he truly believed he was entitled to the money.
initially ribbery but mens rea did not prove intent so it was reduced
r v hall
received deposits from clients for flights to the United States. He deposited these funds into his business’s general account but failed to book the flights, and his business subsequently collapsed, resulting in the loss of the clients’ money. Initially convicted of theft, Hall appealed on the grounds that the money did not belong to the clients. The court quashed his conviction, ruling that there was no specific obligation to handle the money in a particular way that would make it ‘belong’ to the clients.
r v wain
vs
r v hall
wain: The court upheld his conviction for theft, ruling that he was a trustee of the money and had a legal obligation to handle it in a specific manner, making it property belonging to another under.
hall: not told how to specifically handle money so it did not belong to clients
oxford
He was charged with theft of the information contained within the paper. The court held that confidential information does not constitute ‘property’
kelly and lindsay
The court upheld the convictions, establishing that human body parts can be considered ‘property’ under the Theft Act
the different sections of the theft act
