unit 4

Theft

ACTUS REUS

- Appropriation - Morris, doesnt have to be all rights. Morris and Lawrence even if theres consent.

- Property - Velumyl money, Kelly body parts, Smith prohibited drugs, Oxford v Moss confidential exc. Land and wild animals exc.

- Belonging to another - Possession and control. R v Turner can be theft of own property. Davidge v Bunnet, obligation failed can be theft. R v Hall, no obligation. Attorney Gen Ref 1 - return money

MENS REA

- Dishonesty - 3 exceptions, Ghosh test.

- Intention to permanently deprive. R v Lloyd - movies in same condition. R v Lavender - doors

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Robbery

Actus reus

Steals - Cocarron v Anderton appropriation

Application of force - Rv Clouden doesnt have to be direct, B and R v DPP V doesnt have to feel threatened, R v Dawson a nudge

At the time or before the theft - R v Lockley appropration, R v Hale one does something, another does theft is continuing act

Mens rea:

Dishonest intention to permanently deprive

Intention or recklesness to force

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Burglary

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Blackmail

ACTUS REUS

A demand - Implied, Collister v Warhurst. As soon as letter sent, Tracy v DPP

With menaces - Ordinary person, R v Clear. Particular victim, R v Garwood. Not grave, R v Harry

MENS REA

Unwarranted - Thorne(fine) , R v Harvey (kidnapping)

To gain or cause loss - R v Parkes, R v Bevans 

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Fraud by False Representation

ACTUS REUS

False - untrue or misleading

Representation - epress Silverman, R v Barnes implieed

MENS REA

Dishonest

D knows representation is false

Intnet to gain or cause loss

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Obtaining services dishonestly

ACTUS REUS

Act

Obtaining

Services provided - Soforinou identity theft with card

D didnt pay

MENS REA

Dishonesty

D knows payment is required

D intended not to pay

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Making off without payment

ACTUS REUS

Makes off - Brooks and Brooks past point of payment, McDavitt didnt leave

Goods supplied - Troughton journey not completed

Payment required - Vincent arranged to pay at a later time

D didn't pay

MENS REA

Dishonesty

Knowledge that payment is required

Intention to avoid payment. Allen, intended to pay later

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Criminal damage

Basic:

AR - destroy/damage (Hardman temporary damage, Morphitis v Salmon reduction in usefulness or value, Roper v Knott doesnt have to be totally useless, A v R spit, property, belonging to another

MR - intention or recklessness to destroy or damage

LAWFUL EXCUSE - honest belief of consent. Jaggard, Denton

Aggravated:

AR - destroy/damage, property

MR - intention/recklessness to destroy or damage. Intent or recklessness to endanger life( Steer - endangerment must come from the damage)

Arson - fire involved

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