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AQA LAW04
Criminal Law (Offences against property)
Concepts of Law












AQA LAW04 Specifications 02 03

OFFENCES AGAINST PROPERTY
Offences ­ Definitions ­ Key Cases 04 09

OFFENCES AGAINST PROPERTY
THEFT 10 15
ROBBERY 16 17
BLACKMAIL 18 19
BURGLARY 20 21
CRIMINAL DAMAGE 22 23
MAKING OFF WITHOUT PAYMENT 24…

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AQA LAW04
Criminal Law (Offences against property)
Concepts of Law

Section A Criminal Offences against Property

Theft and Robbery Actus reus (appropriation, property, belonging
to another).
Mens rea (dishonesty, intention permanently to
deprive (s1 Theft Act 1968).

Theft with the use or threat of use of force (s8
Theft Act…

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Section C CONCEPTS OF LAW

Candidates are required to answer one essay question from a choice of three, Candidates are
expected to relate their knowledge of legal processes, institutions and substantive law, gained in
studying any of the modules, to the concepts which follow.

Law and Morals The distinction between…

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CRIMINAL LAW ­ OFFENCES AGAINST PROPERTY
OFFENCES DEFINITIONS KEY CASES

THEFT s1 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.'

dishonestly Ghosh (1982) ­ twostage test…

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intention of permanently depriving ­ Lavendar (1994) Lloyd (1985)
Velumyl (1989) Easom (1971)

Lavendar (1994) appropriated the right of the council to do what they wanted to do with the
new doors in the council block.

Lloyd (1985) had not intended to deprive the owners of their films permanently, and…

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BLACKMAIL s21 THEFT ACT 1968

1 A person is guilty of blackmail if, `with a view to gain for himself or
another
or with intent to cause loss to another, he makes any unwarranted
demand
with menaces and for this purpose a demand with menaces is
unwarranted
unless the person…

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Brown (1985) ­ the defendant was caught outside a building, leaning in through the window,
rummaging for goods. D was held to be properly convicted of 9(1)(b), his entry clearly having
been `effective', and he was attempting to steal.

Ryan (1996) the defendant was found trapped with his head and…

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Allen (1985) left his hotel without paying but phoned manager and promised to leave his
passport as security until bill was paid. Arrested and charged. HL upheld his appeal because
there must be proof that the defendant intended to avoid payment on a permanent basis.


CRIMINAL DAMAGE ­ AGGRAVATED CRIMINAL…

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Duress and duress of circumstances

The case of R v HASSAN (2005) has restricted a defendant's chances of proving defence of
duress. The court wanted to restrict the use of duress so that only people who really deserve it
can use it.

Gill (1963) defendant claimed he and his wife…

Comments

Abi95

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A great resource, very detailed.

bluesy19

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henryegwilliams2

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