Theft And Robbery

Question 1

What is meant by Appropriation?

Answer 1

Assuming the rights of the owner over property - can also occour if given property by mistake

Question 2

R v Vinall?

Answer 2

D stole bike
Abandoned it short while down the road

LP:
Sufficient assumption of the owners rights

Question 3

R v Pitham and Hehl?

Answer 3

D attepted to sell furniture which was not theirs

LP:
Offer to sell was assumption of owners rights - does not have to be all of the rights of the owner to be appropriation

Question 4

R v Morris?

Answer 4

D switched price tags in shop but did not go to buy the product (in basket)

LP:
Only owner has the right to swap the prices on products

Question 5

R v Lawrence

Answer 5

D was a taxi driver who took £6 extra from foreign student who was oblivious as couldnt speak english

LP:
Can occour even if consent is given

Question 6

R v Hinks

Answer 6

V (low intellect) offered life savings to D who befriended him

LP:
Can be appropriation even if is a gift - consent

Question 7

What section of the theft act is appropriation?

Answer 7

Section 3

Question 8

Oxford v moss

Answer 8

Info does not amount to intangable property

Question 9

R v Kelly

Answer 9

Parts of a corpse are not property

Question 10

Theft act section 5 - belonging to another

Answer 10

Possession or control or any propertory interest

Question 11

R v Basildon magistrates

Answer 11

Where property is left to someone it belongs to original owner until new owner takes it

Question 12

R v Webster

Answer 12

Obligation to give back misgiven property

Question 13

A-G ref 1

Answer 13

Legal obligation to return money

Question 14

R v Davidge & bunnett

Answer 14

Cheques given for gas bill purpose

Question 15

What is theft act s.6

Answer 15

Intention to permanently deprive - no intention to return property

Question 16

R v Lavender

Answer 16

No intention to return the doors as used as replacements for their broken doors

Question 17

R v Velumyl

Answer 17

Intention to permanently deprive even though intention to return the money

Question 18

R v Easom

Answer 18

Conditional intent is not intent

Question 19

What section is dishonesty?

Answer 19

Section 2

Question 20

The defendant is not dishonest if…

Answer 20

D thought had right in law

D thought they’d have consent

Owner can’t be discovered

Question 21

R v Holden

Answer 21

Belief of permission

Question 22

R v robinson

Answer 22

D honestly believed was entitled

Question 23

Ivey v Genting 2018

Answer 23

Subjective test:
What did d know about what they were doing

Objective test:
Would ordinary person say action was dishonest?

Question 24

What is robbery section 8 theft act

Answer 24

Dishonest Appropriation of property belonging to another with intention to deprive with force or intention of force

Question 25

R v waters

Answer 25

Property could’ve been returned in near future - conviction quashed

Question 26

What is the sentence from theft

Answer 26

7 years

Question 27

What is the sentence for robbery

Answer 27

Life in prison

Question 28

What is the structure for a theft question?

Answer 28

``` Identify crime Definition of crime Ar of crime with cases that apply Mr of crime with cases that apply Conclusion - likely or unlikely would be charged with theft ```

Question 29

What are the questions to attain the mr of robbery

Answer 29

Was force or threat of force used? Was force immediately before or during? Was force used in order to complete theft?

Question 30

R v Dawson and James

Answer 30

Force is ordinary word

Question 31

R v clouden

Answer 31

Force on bag is sufficient to force on person

Question 32

P v DPP

Answer 32

No direct contact w victim needed

Question 33

B & R v DPP

Answer 33

No need to prove v felt threatened - only needed to be subject to force

Question 34

R v hale

Answer 34

Appropriation of jewlery is continuing act

Question 35

R v lockley

Answer 35

Force was used to escape - in order to complete theft

Question 36

What is the structure of robbery questions?

Answer 36

``` Identify crime Definition of crime Ar of crime w/ cases Mr of crime w/ cases Conclusion - likely or unlikely to be charged ```