Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Law > Theft and Robbery > Flashcards

Theft and Robbery Flashcards

(106 cards)

Start Studying
1
Q

What is the primary legal document governing theft in the UK?

A

The Theft Act 1968

The Theft Act 1968 outlines various property offences including theft and robbery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define theft according to the Theft Act 1968.

A

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

This definition is found in section 1(1) of the Theft Act 1968.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two main components that must be identified for theft?

A

Actus reus and mens rea

Actus reus refers to the physical act of theft, while mens rea refers to the mental intention behind the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How many elements must be present for theft to be committed?

A

Five elements

All five elements must be present simultaneously for the offence of theft to be complete.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the actus reus of theft?

A

The appropriation of property belonging to another

Appropriation is one of the five elements required to secure a conviction for theft.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does appropriation mean in the context of theft?

A

Any assumption by a person of the rights of an owner

Appropriation includes acts done without consent, such as taking or dealing with property as if one were the owner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

According to the Theft Act 1968, does appropriation require the owner’s consent?

A

No, the consent of the owner is irrelevant

This principle was established in cases like R v Lawrence and DPP v Gomez.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What was the significance of the case R v Morris?

A

It established that switching price labels amounted to appropriation

The case confirmed that an appropriation can occur even if the act appears to be authorized.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What did the House of Lords conclude in DPP v Gomez?

A

An appropriation can occur even if the property passes with the consent of the owner

This ruling expanded the definition of appropriation significantly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

In R v Hinks, what was the main legal question regarding gifts?

A

Whether receiving a gift can amount to appropriation of property belonging to another

The case clarified that an indefeasible gift can still constitute appropriation under the Theft Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the maximum penalty for theft under the Theft Act 1968?

A

Seven years’ imprisonment

Theft is classified as an ‘either way’ offence, meaning it can be tried in either the magistrates’ court or the crown court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fill in the blank: Theft is also known historically as _______.

A

larceny

Larceny is the original term for theft, which remains significant in legal discussions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True or False: The definition of theft is restricted to obvious situations like shoplifting.

A

False

Theft encompasses a wide range of behaviors beyond just shoplifting.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What was the legal basis of the defendant’s appeal to the House of Lords?

A

The conviction of a donee for receiving a perfectly valid gift was a departure from the current law, supported by Professor Sir John Smith’s academic arguments.

This appeal was ultimately rejected by the House of Lords.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How did the decision in Gomez impact the appellant’s argument regarding appropriation?

A

It treated ‘appropriation’ as a neutral term meaning ‘any assumption by a person of the rights of an owner’, thus allowing an indefeasible gift to amount to appropriation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What was Lord Steyn’s position on the revision of the definition of ‘appropriation’?

A

He rejected the revision, asserting it would restrict the law and complicate the prosecution of theft.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What did Lord Steyn conclude about the conflict between criminal and civil law?

A

He acknowledged the conflict but stated it did not justify departing from Lawrence and Gomez, and it was beneficial as it avoided explaining complex civil law concepts to juries.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What conclusion did the House of Lords reach regarding valid gifts and appropriation?

A

There can still be an appropriation even with a valid gift of property, provided it was not obtained by fraud, duress, or undue influence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What limitation on appropriation was introduced by the Court of Appeal in R v Briggs?

A

Appropriation requires a physical act on the part of the defendant, not merely a remote action that triggered a payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What was the outcome of Briggs’ appeal against her conviction for theft?

A

The appeal was upheld because her actions did not constitute appropriation as defined by the Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What can result in a subsequent appropriation of property?

A

If a defendant comes into possession of property legitimately but later assumes the rights of an owner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Fill in the blank: The definition of ‘property’ includes _______.

A

‘money and all other property, real or personal, including things in action and other intangible property.’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What does ‘things in action’ refer to?

A

Property that cannot be touched or felt but can be enforced by legal action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Give an example of a ‘thing in action’.

A

A bank account credit balance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What are the two main things in action to be aware of?
* The credit balance of another’s account * Another person’s overdraft facility
26
True or False: A person can commit theft from a bank by overdrawing on their own account without authority.
False
27
What does section 3(2) of the TA 1968 state regarding innocent purchasers for value?
They are not liable for theft if the transfer was 'for value' and they acted 'in good faith'.
28
What does 'real property' include?
Land and things attached or fixed to it.
29
Under what conditions can land be stolen according to s 4(2) of the TA 1968?
Only in limited circumstances, such as when a person is a trustee or has been authorized to sell or dispose of land belonging to another.
30
What is considered personal property?
Any tangible object that is not real property, such as cars, books, and furniture.
31
What is the significance of the case Chan Man-sin v R?
It established that the credit balance of a company's account is a thing in action and can be appropriated.
32
What is the general rule regarding the stealing of land?
Land cannot generally be stolen except in specific circumstances set out in s 4(2)
33
Under what circumstances can a trustee appropriate land belonging to another?
When they deal with it in breach of the confidence reposed in them ## Footnote This includes situations where a trustee forges a signature to sell land.
34
What does s 4(2)(b) state regarding appropriation of land?
It applies to someone who is not in possession of the land and appropriates anything forming part of it by severing it or causing it to be severed
35
Give an example of theft under s 4(2)(b).
Jade chopping down her neighbor's bush ## Footnote Jade is not in possession of the neighbor's land.
36
What does s 4(2)(c) cover?
It covers tenants who take something fixed to the land which they are not supposed to take.
37
Provide an example of theft under s 4(2)(c).
Gethan taking shelving and a greenhouse from the rented property
38
What does s 4(3) of the TA 1968 state about wild plants?
A person does not steal wild plants unless they do it for reward or for sale or other commercial purpose.
39
What is the definition of 'mushroom' as per s 4(3)?
'Mushroom' includes any fungus ## Footnote This is included to clarify what types of fungi are covered.
40
Can someone steal wild mushrooms if they intend to sell them?
Yes, if they pick them for reward or commercial purpose.
41
What does s 4(4) state about wild creatures?
Wild creatures shall be regarded as property but cannot be stolen unless they have been reduced into possession.
42
Provide an example of a wild creature that can be stolen.
A penguin taken from a zoo ## Footnote As it is a wild creature ordinarily kept in captivity.
43
What are the two examples of what cannot be stolen as per case law?
* Confidential information (Oxford v Moss) * Electricity (Low v Blease)
44
What does s 5(1) state about property belonging to another?
Property belongs to any person having possession or control of it, or having any proprietary right or interest.
45
In the context of theft, can a legal owner steal their own property?
Yes, if it also belongs to another person.
46
Provide an example of a legal owner stealing their own property.
Dorothy taking back her book from Arthur before the loan period ends.
47
What is the significance of the timing of when property belongs to another?
The property must belong to another at the time of the dishonest appropriation.
48
What did the case Edwards v Ddin illustrate about the timing of theft?
The defendant was not guilty of theft as ownership had passed to him when he filled up his car with petrol.
49
What does the principle of 'belonging to another' imply for jointly owned property?
All joint owners have a proprietary right or interest in the property.
50
What is an example of a situation involving theft of trust property?
Barbara forging Owen's signature to sell a jointly owned horse.
51
What does the term 'proprietary right or interest' mean?
It refers to ownership rights over property, which can include both legal and equitable interests.
52
What is the key element that makes Errol guilty of theft?
The appropriation of petrol while having the mens rea of dishonesty. ## Footnote This occurs because he assumes the rights of the owner.
53
What does the offence of making off without payment refer to?
It is a fallback provision introduced to address practical difficulties in establishing dishonest intent. ## Footnote This is outlined in TA 1978, s 3.
54
When does ownership of cash transfer under civil law?
Ownership transfers when it is handed over. ## Footnote This creates challenges in proving theft if dishonesty cannot be established.
55
In the example of Luke and the rugby match, what was his initial intention?
To use the collected money for its intended purposes. ## Footnote This indicates he initially lacked the mens rea element of dishonesty.
56
What must be proven for s 5(3) of the TA 1968 to apply?
The accused must be under a legal obligation to deal with the property in a particular way. ## Footnote A mere moral obligation is insufficient.
57
What was the ruling in DPP v Huskinson regarding Housing Benefit?
The defendant was not guilty of theft as there was no legal obligation to spend the benefit on rent. ## Footnote The court held that the defendant had ownership, possession, and control of the money.
58
What did the Court of Appeal decide in R v Hall regarding theft?
The defendant had not committed theft as he was not under an obligation to use the money for a specific purpose. ## Footnote His contractual duty did not relate to the specific property he received.
59
What example did Lord Edmund-Davies provide for s 5(3) applying?
A treasurer of a holiday fund misapplying the fund or its proceeds. ## Footnote There was an obligation to keep the money for a particular purpose.
60
What was the outcome in R v Wain regarding charity money?
The defendant was convicted for misappropriating charity money as he had a legal obligation to retain the proceeds. ## Footnote The funds remained the charity's property even after being transferred to his account.
61
What distinguishes abandoned property from lost property?
Abandoned property is relinquished entirely by the owner, while lost property still belongs to the owner who has not given up interest. ## Footnote Abandonment depends on the owner's intention.
62
In Williams v Phillips, what did the court decide about rubbish left outside?
The rubbish remained the property of the householder and was not considered abandoned. ## Footnote Its placement outside was for collection, not abandonment.
63
What happened in R (Ricketts) v Basildon Magistrates' Court regarding clothing?
The court held that the clothing either belonged to unknown donors or the charity shop had taken possession of it. ## Footnote The property was not abandoned.
64
What are the two mens rea elements required for a conviction of theft?
Dishonesty and intention to permanently deprive. ## Footnote These elements are crucial for securing a conviction.
65
What does Section 2(1) of the Theft Act 1968 state regarding dishonesty?
It lists three situations where appropriation is not regarded as dishonest. ## Footnote These situations must always be considered first.
66
What is the first situation in Section 2(1) that does not constitute dishonesty?
The defendant believes they have the right to deprive the owner of their property. ## Footnote This is often related to debts owed.
67
What is the second situation in Section 2(1) regarding dishonesty?
The defendant believes the owner would consent to the appropriation if aware of the circumstances. ## Footnote The belief must be honest.
68
What is the third situation in Section 2(1) concerning dishonesty?
The owner cannot be discovered by taking reasonable steps. ## Footnote The defendant's belief must be accepted by the jury.
69
Why is the test for dishonesty purely subjective?
It focuses on the defendant's belief, regardless of the actual existence of the circumstances. ## Footnote This reflects the mens rea nature of dishonesty.
70
What is an example of a situation where a defendant may argue they had a right to property?
Musa taking £20 from Taiwo's wallet believing it was owed to him. ## Footnote This illustrates the application of s 2(1)(a).
71
What is an example where a defendant may claim honest belief in consent?
Dana taking Suki's concert ticket believing Suki would consent. ## Footnote The circumstances around the ticket's use are crucial.
72
What does the term 'actus reus' refer to?
The physical act of committing a crime. ## Footnote Understanding actus reus is essential before analyzing mens rea.
73
What is the key issue regarding dishonesty in theft cases?
Whether the defendant honestly believed that the owner could not be traced. ## Footnote This relates to mens rea and does not require the belief to be reasonable.
74
Under s 2(1)(c), when can a defendant become guilty of theft?
If the defendant realizes that the owner can be found after initially believing they could not. ## Footnote This is because they then appropriate the property and it belongs to another.
75
What does s 2(2) of the TA 1968 state regarding dishonesty?
A person's appropriation of property may be dishonest even if they are willing to pay for it. ## Footnote Willingness to pay is not an automatic defense to a charge of theft.
76
What is an example of potential lack of dishonesty under s 2(1)(b)?
Lucy takes a carton of orange juice and leaves a pound to pay for it. ## Footnote Her willingness to pay may help her argue a lack of dishonesty.
77
In the example of Hannah taking the vase, why is she likely to be found dishonest?
Because she knew Petra did not want to sell the vase despite leaving payment. ## Footnote The jury may conclude she was dishonest due to her knowledge of Petra's refusal.
78
What is the Ghosh test for dishonesty?
1. Was the defendant's conduct dishonest according to reasonable and honest people? 2. Did the defendant realize that reasonable and honest people would regard it as dishonest? ## Footnote Both questions must be answered 'Yes' for a finding of dishonesty.
79
What significant change did the Supreme Court make regarding the test for dishonesty in 2017?
The second limb of the Ghosh test was removed; only the defendant's actual knowledge or belief is considered. ## Footnote This was established in the Ivey v Genting Casinos case.
80
What must be determined first when assessing dishonesty in theft cases?
If the dishonesty is clear, such as in shoplifting scenarios. ## Footnote If clear, the defendant will be guilty of theft without further analysis.
81
What does the intention to permanently deprive imply in theft cases?
The accused must intend to permanently deprive the owner of the property appropriated. ## Footnote The ordinary meaning of 'intention permanently to deprive' is usually sufficient for the jury.
82
Can a person intend permanently to deprive someone with only a limited interest in property?
Yes, it is possible to intend to permanently deprive someone who has only a limited interest. ## Footnote For example, if someone takes a laptop that was lent for a week.
83
What is the significance of the case R v Velumyl regarding theft?
It confirmed that taking money intending to replace it constitutes an intention permanently to deprive. ## Footnote The specific notes taken are the focus, not just the intent to repay.
84
In what situation might a jury acquit a defendant of theft due to lack of intent to permanently deprive?
If the defendant claims they intended to return the property after use. ## Footnote This can complicate the mens rea element of theft.
85
What is the key element of mens rea in theft?
Intention permanently to deprive the owner of the property ## Footnote This refers to the defendant's state of mind regarding the property taken.
86
What does s 6(1) of the TA 1968 state regarding intention?
A person appropriating property without meaning to permanently lose it is regarded as intending to permanently deprive if they treat the thing as their own. ## Footnote This statute addresses situations where borrowing or lending may equate to outright taking.
87
True or False: A defendant must actually dispose of property to satisfy the test of intention to permanently deprive.
False ## Footnote A defendant can intend to return the property after use and still meet the criteria for intention to permanently deprive.
88
In R v Raphael, what was the defendant's action that illustrated s 6(1)?
The defendant took items and offered them back for the owner to buy. ## Footnote This case highlighted situations where the intention to deprive can be inferred based on the circumstances.
89
What was the outcome in R v Marshall regarding the defendant's intent?
The Court upheld his conviction, indicating he intended to treat the tickets as his own regardless of the Underground's rights. ## Footnote This case dealt with the resale of tickets acquired from passengers.
90
Fill in the blank: A mere borrowing is never enough to constitute the necessary guilty mind unless the intention is to return the 'thing' in such a _____ that it can be truly said that all its goodness and virtue has gone.
changed state ## Footnote This principle was established in R v Lloyd.
91
What does s 6(2) of the TA 1968 address?
Parting with property under a condition for return which may not be performed amounts to treating the property as one's own. ## Footnote A common example is pawning property.
92
What is the maximum sentence for robbery under the TA 1968?
Life imprisonment ## Footnote This highlights the severity of the offense compared to theft.
93
List the four key components the prosecution must prove for robbery.
* The defendant committed an offence of theft * Used or threatened force * Immediately before or at the time of the theft * In order to steal ## Footnote These components are essential for establishing a charge of robbery.
94
What must be established to charge robbery?
A theft must have occurred ## Footnote Without proving theft, a robbery charge cannot stand.
95
True or False: The force used in robbery must be substantial.
False ## Footnote The amount of force does not need to be significant, as established in R v Dawson.
96
What does the case of R v Clouden illustrate about robbery?
Force can be directed against property, not just the person. ## Footnote This case confirmed that using force on property is sufficient for robbery.
97
What is the mens rea required for robbery beyond theft?
The defendant must be at least reckless as to the use or threat of force. ## Footnote This relates to the additional mental state required for robbery.
98
What was the significance of the case R v Hale regarding the timing of force?
The Court held that if appropriation was continuing at the time of force, the defendant could be guilty of robbery. ## Footnote This case clarified the relationship between theft and the application of force.
99
What does Professor JC Smith suggest regarding the intention of the defendant in robbery?
Recklessness will suffice; intention to use or threaten force need not be established ## Footnote This aligns with the mens rea requirements of simple or physical assault.
100
How should the crime of robbery be approached according to the summary?
Discuss the elements of theft first, then focus on the use or threat of force ## Footnote This method provides clarity on what the prosecution needs to prove for a conviction.
101
What is the relationship between robbery and theft?
Robbery is effectively an aggravated theft ## Footnote This implies that understanding theft is crucial for understanding robbery.
102
What are the two key areas of focus in property offences according to the summary?
Theft and robbery ## Footnote These areas are complex and have significant implications in criminal law.
103
What is often considered the key factor in establishing the offence of theft?
Dishonesty ## Footnote Dishonesty is a critical element that influences other property offences.
104
What is the most frequently committed property offence?
Theft ## Footnote Theft has five elements required for establishment, with dishonesty being central.
105
How is robbery characterized compared to theft?
Robbery involves the use or threat of force to steal ## Footnote This makes robbery a more serious offence than theft.
106
Fill in the blank: The crime of robbery is an _______ form of theft.
aggravated ## Footnote The distinction is important for legal classification and prosecution.

Criminal Law (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions