UNIT4 THEFT AND ROBBERY

Question 1

What is the definition of theft?

Answer 1

“dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

What is the first element of the actus reus of theft?

Answer 2

Appropriation.

Question 3

What section is the first element of theft defined in?

Answer 3

Appropriation is defined in s3 Theft Act 1968

Question 4

What is the definition of “appropriation”?

Answer 4

“any assumption of the rights of an owner”

Question 5

What does (R v) Morris show?

Answer 5

D only needs to assume one of the owner’s rights.

Question 6

What does s3(1) say?

Answer 6

Appropriation includes coming across the property innocently at first and later assuming the rights of the owner.

Question 7

What is the legal principle of Lawrence v MPC? (s3)

Answer 7

Even if the victim consents there can still be appropriation.

Question 8

What is the legal principle of (R v) Hinks? (s3)

Answer 8

Even acceptance of a valid gift may sometimes amount to an appropriation.

Question 9

What is the second element of the actus reus of theft?

Answer 9

Property.

Question 10

What section is the second element of the actus reus of theft found in?

Answer 10

Property is explained in s4(1) Theft Act 1968

Question 11

What is property listed as?

Answer 11

Money (physical cash)
Real property (land)
Personal property
Things in action (cheques, debt)
Intangible property (copyright)

Question 12

What does s4(2) say?

Answer 12

Real property can only be stolen when:

• someone severs anything considered part of the land from the land
• a tenant takes a fixture or structure from the land let to him
• someone legally entrusted to look after the land abuses his power

Question 13

What does s4(3) say?

Answer 13

Wild plants, flowers, mushrooms etc can be stolen if picked for sale, reward or other commercial property.

Question 14

What does s4(4) say?

Answer 14

Wild creatures can be stolen if are tamed, are normally kept in captivity or have been reduced into a person/s possession.

Question 15

What was decided in Kelly v Lindsay? (s4)

Answer 15

Corpses and body parts are not property which can be stolen unless they have been altered/used for science.

Question 16

What was decided in R v Welsh? (s4)

Answer 16

Bodily fluids can amount to property and so can be stolen.

Question 17

What was decided in Oxford v Moss? (s4)

Answer 17

Information is not property which can be stolen?

Question 18

How does Akbar contrast with Oxford v Moss?

Answer 18

D stole the physical exam papers not just information.

Question 19

What is the third element of the actus reus of theft?

Answer 19

‘belonging to another”

Question 20

What is the third element of the actus reus of theft defined as?

Answer 20

“anyone with possession or control of the property, or a proprietary right/interest in the property”

Question 21

What section is the third element of the actus reus of theft found in?

Answer 21

Belonging to another is defined in s5(1) Theft Act 1968

Question 22

What was the legal principle of Turner? (s5)

Answer 22

The legal owner of property is capable of stealing his own property if its in the “possession or control” of someone else.

Question 23

What was decided in Williams v Phillips? (s5)

Answer 23

Property which a person no longer wants but is in their possession can still be stolen.

Question 24

What does s5(3) say?

Answer 24

If D receives property and is under an obligation to use it in a particular war, that property will still be treated as belonging to another.

Question 25

What happened in Davidge v Burnett? (s5)(3)

Answer 25

D used flatmates money intended for gas bills to buy Christmas presents.

Question 26

What does s5(4) say?

Answer 26

When property is received by mistake and D is under a legal obligation to return it, the property still belongs to another person.

Question 27

What happened in Att Gen (No 1 of 1983)? (s5)

Answer 27

D was overpaid, realised it and kept it.

Question 28

What was decided in Gilks? s5(4)

Answer 28

s5(4) only applies if D has a legal obligation to return property and betting transactions do not create legal obligations.

Question 29

What is the first element of the mens rea of theft?

Answer 29

"dishonestly"

Question 30

What section is the first element of the mens rea of theft found in?

Answer 30

s2

Question 31

What does s2(1) say?

Answer 31

3 situations where D has not been dishonest: - s2(1)(a) D believes they have a legal right to deprive the other of the property, Robinson - s2(1)(b) D believes the owner would have consented to the appropriation if they knew of it and its circumstances, Holden - s2(1)(c) D believes the owner cannot be discovered by taking reasonable steps, Small

Question 32

What is the Ghosh Test?

Answer 32

1. D's conduct would be considered dishonest by ordinary standards of reasonable and honest people 2. and D was aware of this.

Question 33

What is the second element of the mens rea of theft?

Answer 33

"intention to permanently deprive"

Question 34

What section is the second element of the mens rea of theft found in?

Answer 34

Intention to permanently deprive is found in s6 TA 1968

Question 35

What is the second element of the mens rea of theft defined as?

Answer 35

"intending to treat the property as one's own to dispose of (i.e. deal with) regardless of owner's rights"

Question 36

What was decided in Lavendar?

Answer 36

D moved the property but it was technically still in council's possession so makes D guilty. Dispose of = deal with

Question 37

What was decided in Velumyl?

Answer 37

D borrowing money intending to replace amounts to theft since the exact money will not be replaced, convicting D prevents people taking what they like and just saying they'll return it.

Question 38

What was decided in Warner?

Answer 38

D's actions resulted in borrowing since he intended to temporarily deprive

Question 39

What does S6(1) say about borrowing and lending?

Answer 39

It can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/disposal.

Question 40

What was the legal principle in Lloyd?

Answer 40

Borrowing can amount to an intention to permanently deprive if the 'goodness, value and virtue' has been removed.

Question 41

What was the legal principle in Easom?

Answer 41

Conditional intent (D's intention to permanently deprive is based upon the condition that V has something worth stealing) is not sufficient for theft.

Question 42

Where is robbery defined?

Answer 42

Robbery is defined is s8 Theft Act 1968

Question 43

What is the definition of robbery?

Answer 43

"D steals, and immediately before or at the time of doing so, and in order to steal, he uses force on any person or puts or seeks to put any person

Question 44

What section number is robbery defined in?

Answer 44

s8 of Theft Act 1968