theft and robbery

Question 1

what type of offence is theft?

Answer 1

triable either way

Question 2

what is the definition of theft and where is it found?

Answer 2

S.1 Theft act 1968: ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’

Question 3

what is appropriation?

Answer 3

assumption by a person of the rights of an owner

basically, treating property in any way if it was yours

Question 4

examples of appropriation

Answer 4

Corcoran v Anderson
- tried to steal a bag but didn’t succeed

R v Vinall

Question 5

example of gift giving being appropriation

Answer 5

R v Hinks
£60,000 present to carer

Question 6

example of any later assumption of rights being appropriation

Answer 6

R v Stalham - got overpaid

Question 7

what is the definition of property in S.4 TA 1968?

Answer 7

property includes money and all other property, real or personal, including things in action and other intangible property

Question 8

example where appropriation can happen even with consent

Answer 8

Lawrence v Commissioner for metropolitan police
Taxi driver took more money than foreigner was aware of

Question 9

can information get stolen if it’s not physical?

Answer 9

no technology information can’t be stolen

Question 10

can physical information be stolen?

Answer 10

yes

Question 11

example of theft of hair

Answer 11

R v Herbet

Question 12

example of theft of blood

Answer 12

R v Rothey

Question 13

example of theft of urine

Answer 13

R v Welsh

Question 14

what does S.4 (3) TA 1968 say?

Answer 14

cant steel wild plants unless using it for commercial purposes

Question 15

What does S5 (1) TA 1968 say?
belonging to another

Answer 15

Something is property if any person has possession or control of it, or having any proprietary right of interest

Question 16

What was the principle of R v Woodman?
scrap metal

Answer 16

you can have control of property, even if you aren’t aware of its existence

Question 17

example of stealing ones own belongings
car

Answer 17

R v Turner

Question 18

case to show that abandoned property can’t be stolen

Answer 18

R v Small

Question 19

case to say that lost property is not abandoned

Answer 19

R v Hibbert and Mckiernon
golf balls

Question 20

what is proprietary interest?

Answer 20

legal ownership

Question 21

what was the case that shows proprietary interest?

Answer 21

R v Webster
received 2 medals by accident and sold the second online

Question 22

what is said in S.5 (3) of the theft act 1968

Answer 22

under an obligation to the other to retain a deal with that property or proceeds in a particular way
basically - if someone gives you £10 to buy something for them you can’t use it on yourself

Question 23

property which is received by mistake only has to be returned if there is a legal obligation such as…

Answer 23

winnings from a horse race that you got by accident

Question 24

example of S.5 (3) TA 1968 being broken

Answer 24

Davige v Burnett
money from flatmates to pay for gas and she bought Christmas presents

Question 25

what is the test for mens rea of theft test for dishonesty

Answer 25

would reasonable, honest people consider d's actions to be dishonest? R v Barton and Booth

Question 26

where did the test for dishonesty come from?

Answer 26

R v Barton and Booth

Question 27

what does S2 (1)(A) TA 1968 say?

Answer 27

belief that they have a right in law to deprive the other of it

Question 28

example where genuinely thinking you had the right to deprive someone of property?

Answer 28

R v Bernhard mistress wanted money

Question 29

Example of unreasonable belief that one has right to property

Answer 29

R v Velumyl

Question 30

example of intent to permantently deprive through disposal

Answer 30

R v Lavender moving door which belonged to council still

Question 31

can property be permanently deprived through borrowing or lending?

Answer 31

yes, but only if 'the goodness, the virtue, the practical value' of the property is lost e.g. borrowing someone's railcard and giving it back a week before it's used up

Question 32

what is said in S6 of the theft act 1968?

Answer 32

a person will be treated as having the necessary intention to permanently deprive if they treat the property as their own regardless of the rights of the owners. This will therefore apply in the situations where the defendant intends to return the property to the owner.

Question 33

what is the definition of S.1 of the theft act 1968?

Answer 33

a person is guilty of theft is he dishonestly appropriates property belonging to another with an intention of permanently depriving the other of it

Question 34

where did the test for s.2 dishonesty come from?

Answer 34

R v Barton and booth 'would the reasonable honest person consider the d's acts to be dishonest'

Question 35

what is the definition of S.3 of the theft act 1968?

Answer 35

any assumption of the rights of an owner amounts to appropriation

Question 36

what is the definition of S.4 of the theft act 1968?

Answer 36

'property' includes money and all other property, real or personal, including things in action and other intangible property

Question 37

what is the definition of S.5 of the theft act 1968?

Answer 37

property shall be regarded as belonging to any other person having possessions or control of it, or having and proprietary right or interest

Question 38

what does appropriating mean?

Answer 38

treating property as if it were your own

Question 39

what case shows that confidential information can't be stolen - the information

Answer 39

Oxford v Moss

Question 40

what case shows that physical exams can be stolen - the paper can be

Answer 40

R v Akbar

Question 41

What is the definition of robbery? Where is it found?

Answer 41

s.8 theft act 1968 ‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force.’

Question 42

what is the mens rea of robbery?

Answer 42

same as theft - d must be dishonest and intend to permanently deprive plus - intentional or reckless use of force

Question 43

case to show that is any element is missing, D won't be liable for robbery

Answer 43

R v Zerei

Question 44

What is the force level for robbery and where was it decided?

Answer 44

level can be small R v Dawson and James

Question 45

What was decided in R v Clouden?

Answer 45

if force used on the property causes force on the person - this is sufficient for robbery

Question 46

what case said that even if defendant isn't scared, that still counts as a fear of force

Answer 46

B and R v DPP

Question 47

what principle was decided in R v Hale?

Answer 47

Force immediately before or at the time of theft should be looked a in a common sense way - theft should be used in its entirety