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Criminal Law (Offences against property)
Concepts of Law
Section A Criminal Offences against Property
Theft and Robbery Actus reus (appropriation, property, belonging to
Mens rea (dishonesty, intention permanently to
deprive (s1 Theft Act 1968).
Theft with the use or threat of use of force (s8 Theft
Act 1968).
Burglary Elements of s9(1)(a) and s9(1)(b) Theft Act 1968,
burglary in dwellings and other buildings.
Blackmail Unwarranted demand with menaces (s21 Theft Act
1968).…read more

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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 law and morals the diversity of moral views
in a pluralistic society the relationship between law and morals and
its importance. The legal enforcement of moral values.…read more

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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
dishonestly Ghosh (1982) ­ twostage test (objective & subjective)
The defendant is dishonest if he knows that, by the standards of the ordinary decent person, people
would regard him as dishonest.…read more

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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 he had
returned them with none of their goodness or quality reduced.
Velumyl (1989) borrowed £1050 from the office safe but was unable to return the original bank
notes, and therefore guilty of permanently depriving their owners of them.…read more

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The nature of the act or omission demanded is immaterial, and it is also
immaterial whether the menaces relate to action to be taken by the person
making the demand.
Under s9(1) of the 1968 Theft Act, burglary can be committed in two ways:
1) By entering any building or part of a building ­ as a trespasser ­ and with
intent to ­ commit theft, grievous bodily harm, rape, or criminal damage.…read more

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Section 11 makes it an offence for any person, by any dishonest act, to obtain services for which
payment is required, with intent to avoid payment. The person must know that the services are made
available on the basis that they are chargeable, or that they might be. It is not possible to commit the
offence by omission alone and it can be committed only where the dishonest act was done with the
intent not to pay for the services as expected.…read more

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Gemmell & Richards (2003) boys lit newspapers under a skip ­ fire spread and caused £1
million damage boys did not appreciate the danger, therefore no criminal damage.
Jaggard v Dickinson (1980) defendant smashed window to get into friend's house, wrong
house genuine mistake, and would have been given permission by friend therefore no criminal
In Miller (1983) it was held that arson could be committed by omission defendant accidentally
started fire, then failed to do anything to prevent the damage.…read more

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Detailed notes made from Ms trumble PPT and research.
THEFT is defined in s1 of the Theft Act 1968 which states that: A person is guilty of theft if he
dishonestly appropriates property belonging to another with the intention of permanently
depriving the other of it.…read more

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S3 ­ appropriates ­ the important words in s2 are `any assumption by a person of the rights of the
owner amounts to an appropriation'. The rights of the owner including selling the property or
destroying it as well as such things as possessing it, consuming it, using it, lending it or hiring it out.
So for there to be an appropriation, the thief must do something that assumes (takes over) one of the
owner's rights.…read more


Aneela Bibi

Thanks, these notes are great!

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