theft, burglary , robbery

Question 1

only need to assume any single right of owner

Answer 1

Morris [1984]

Question 2

why is the case of Lawrence v MPC significant

Answer 2

appropriation is still present even when consent is present

Question 3

DPP v Gomez [1993] case significance; clue: Lawrence

Answer 3

consent is irrelevant to appropriation

Question 4

why can valid gifts be problematic?

Answer 4

Hinks [2000] - can amount to theft

Question 5

which section of the Theft Act governs the element of appropriation?

Answer 5

s.3 TA 1968

Question 6

what is the max sentence the offence of theft carries?

Answer 6

7 years imprisonment - s.7

Question 7

what is the AR of Theft

Answer 7

appropriation of property belonging to another

Question 8

MR of Theft

Answer 8

dishonesty, intention to permanently deprive

Question 9

does an authorised taking of property amount to appropriation? USE CASE LAW

Answer 9

YES. consent is irrelevant to appropriation. Gomes [1993], resolving conflict between Lawrence [1972] and Morris [1984]

Question 10

explain the decision in Hinks [2000]. how does it affect the law of theft?

Answer 10

one could be guilty of a valid gift. AR of theft is now incredibly wide, liability depends on MR- dishonesty

Question 11

what is a thing in action?

Answer 11

intangible property- a credit in a bank account, a copyright, a company

Question 12

what is s.5 (4) about?

Answer 12

D obtains property by mistake - belongs to another

Question 13

what is s.5 (3) about?

Answer 13

legal obligation on D to deal with property in a particular way - belongs to another

Question 14

when does an intention to temporarily deprive amount to theft? F,L,C,L -CASE

Answer 14

s.6 (1);
Fernandes [1996] - did D treat the property as his own to dispose of
DPP v Lavender [1994] - to dispose of means to deal with - wide approach
Cahill [1993] - to dispose of - narrow approach
Lloyd -[ 1985] - mere borrowing is not enough

Question 15

mere borrowing is not theft

Answer 15

Lloyd [1985]

Question 16

intention to treat property as one’s own

Answer 16

DPP v Lavander

Question 17

in theft, gain is not important it is the deprivation

Answer 17

Coffey [1987]

Question 18

AR - robbery - s.38 TA 1968

Answer 18

steal + threat of force or application of force

Question 19

since one right is sufficient for appropriation, which case shows what can be sufficient for

Answer 19

Corcoran v Anderton [1980] - tugging at Vs back and causing V to drop it on the ground

Question 20

the element of AR - force- case

Answer 20

Dawson v James [1977]

Question 21

snatching a cigarette is not enough for the requirement of

Answer 21

P v DPP [2013]

Question 22

intention to steal is the reason for the force

Answer 22

Codsi [2009]

Question 23

force is to be used before or at the time of stealing

Answer 23

Hale [1979]

Question 24

indirect application of force will also suffice

Answer 24

R v Martins [2021]

Question 25

where is the offence of burglary found

Answer 25

s.9 TA 1968

Question 26

describe s.9 (1) (a) of the offence

Answer 26

enter a building or part of a building as a trespasser with the intention to steal or inflict GBH or cause criminal damage

Question 27

s.9 1 a 'enters' - case law

Answer 27

Collins [1973], Brown [1985] - 'substantial and effective entry'

Question 28

for a part a - whether you steal is irrelevant

Answer 28

Ryan [1996] - all u need is entry

Question 29

s.9 (1) (a)- building or part of a building

Answer 29

Leathley [1979] large freezer; Walkington [1979] behind shop counter

Question 30

what is s.9 1 (b) of the burglary offence?

Answer 30

s.9 (1) a + commission or attempted commission of an offence (theft or GBH)

Question 31

what does s.(9) 3 provide?

Answer 31

if premises are a dwelling - 14 years imprisonment - Hudson v CPS [2017] - even if its unoccupied

Question 32

hotel room is generally not a dwelling for the purposes of s.9 offence- case law

Answer 32

Chipunza 2021

Question 33

what is key about AR of s.9 1 b? clue: offence

Answer 33

remember, to satisfy s.9 1 b, the AR of the offence needs to be satisfied - i.e. theft- appropriation

Question 34

what is the offence under s.10 (1)

Answer 34

aggravated burglary - possession of firearm or imitation firearm

Question 35

intention to use the firearm is irrelevant

Answer 35

Stones [1989]