Theft

Question 1

what is the definition of theft under theft act (1968)

Answer 1

• Dishonestly appropriates property
• belonging to another
• with intention of permanently depriving

Question 2

Lawrence v Met police (1972)

Answer 2

D was taxi driver who picked up italian student that couldn’t speak english- trip cost 50p and student gave him £1- D said this wasn’t enough took his wallet and took further £5 - consent not dismissal of appropriation

Question 3

what is appropriation

Answer 3

any assumption by a person of the rights of the owner- includes D comes into possession innocently and later assumes rights of owner
valid gift may still constitute appropriation if D later assumes rights dishonestly

Question 4

R v Morris (1984)

Answer 4

switched reduction labels in supermarket and paid lower price at supermarket - was convicted as was enough to satisfy appropriation

Question 5

R v Mazo (1996)

Answer 5

persuaded employer to give money as gift - could not logically be charged as theft

Question 6

R v Hinks (2000)

Answer 6

D befriended nieve man- over 6 months took him out everyday and took 300 max out of his bank totalling to £60,000 and took his tv
constituted appropriation

Question 7

what is property

Answer 7

includes money, personal property, real property, things in action eg contractual rights and intangibles eg securities
-Real property- land excluded unless severed or involved in breach of trust
- certain natural items not property unless taken for reward or commercial sale

Question 8

Define belonging to another

Answer 8

in possession or control of someone else or there is any proprietary right or interest in it

Question 9

R v Rostron (2003)

Answer 9

D charged and convicted of stealing golf balls from stretch of water at golf course- although abandoned they were obv club’s property for their own purposes - established dishonesty

Question 10

what does it mean for a persons appropriation not to be dishonest

Answer 10

• act under belief that they have legal right to deprive other of the property
• honestly believe they would have the owners consent if owner knew of the appropriation
• believe that the owner cannot be traced by taking reasonable steps

Question 11

what is the Ghosh test

Answer 11

a) whether D’s conduct was dishonest by standards of ordinary decent people
b) whether D realised this by those standards

Question 12

what is the Ivey/ Barton test

Answer 12

requires the fact finding body
a) ascertain D’s actual state of knowledge or belief concerning the facts
b) Determine by standards of ordinary decent people whether D’s conduct was dishonest

Question 13

what do key property offences include

Answer 13

-Theft
-Robbery
-Burglary
-Handling stolen goods, Blackmail, crim. Damage

Question 14

R v Barton (2020)

Answer 14

residents of care home had been manipulated to giving cash gifts and sign over ownership of motor vehicles, provide loans - theft

Question 15

r v raphael (2008)

Answer 15

stole car from v therefore having intention of permanently depriving

Question 16

r v velumyl (1989)

Answer 16

took money from safe on saturday to put back on monday - if intention to repay then intention to perm. deprive was not present - not accepted and held there was intention of permanently depriving

Question 17

what is robbery

Answer 17

person commits robbery if they
1) steal
2) immediately before or at time of theft
3) in order to do so
4) use force on any person, or seek to put any person in fear of being subjected to force

Question 18

corcoran v Anderton (1980)

Answer 18

snatching V handbag causing to fall from her grasp to ground- appropriation- sufficient to count of robbery

Question 19

B&R v DPP (2007)

Answer 19

broke into bakery safe with fire and tied up and blindfolded workers- found guilty of robbery with violence - force not need to be applied directly to owner of property

Question 20

what is burglary

Answer 20

1) enter building/ part as trespasser with intent to commit theft, GBH or criminal damage
2) enter building/ part as trespasser and commit or attempt theft or GBH

Question 21

what are the elements of burglary

Answer 21

AR- Entry (effective use of tools included) Building or part (includes inhabited vehicles/ vessels) Trespasser (entry without permission exceeding granted permission counts)
MR- intent/ recklessness as to entry as a trespasser

Question 22

what is aggravated burglary

Answer 22

burglary + possession of a weapon at the time of the burglary
weapon must be made, adapted or intended for injury/incapacitation

Question 23

what is criminal damage

Answer 23

1) destroy or damage property belonging to another
2) without lawful excuse
3) intending to or being reckless as to causing damage or destruction

Question 24

r v collins (1972)

Answer 24

D climbed up to window at 4 in morning- she awoke and thiught was her bf and told him to come in had sex with him - discovered was not her bf - convicted of burglary with intent to commit rape - appeal held judge failed to direct jury where D was when beckoned in

Question 25

r v walkington (1979)

Answer 25

entered debnahams before closing went behind till to try steal out of it - was empty- held he was guilty of burglary

Question 26

r v horn castle (2006)

Answer 26

D used bamboo stick to hook through letter boxes and steal car keys and housekeys and stole car

Question 27

r v ryan (1996)

Answer 27

got head and arm trapped in window when attempting to break in and had to be removed by fire brigade - guilty of burglary

Question 28

r v jones and smith (1976)

Answer 28

d had permission to enter fathers home - did so with intention of stealing 2 tvs - exceeded scope of permission to enter

Question 29

what do specific offences include

Answer 29

-criminal damage endangering life - requires intent / recklessness as to life being endangered via damage (damage must directly endanger life) -arson- criminal damage via fire