Criminal Law - Paper 1 (Property Offences)
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- Created by: chloefyf3
- Created on: 07-07-22 15:48
What are the two property offences
theft
robbery
robbery
1 of 60
What act defines theft and how does it define it?
Section 1 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
a person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the other of it
2 of 60
What three things form the actus reus of theft?
- appropriation
- property
- belonging to another
- property
- belonging to another
3 of 60
What section of the act defines
appropriation and how is it defined with examples?
appropriation and how is it defined with examples?
s3(1)
any assumption of the owners rights, including later assumption of a right where a person initially comes by the property without having stolen it
e.g take, sell, destroy, lend, consume, hire, use
any assumption of the owners rights, including later assumption of a right where a person initially comes by the property without having stolen it
e.g take, sell, destroy, lend, consume, hire, use
4 of 60
What did the case of Morris say was an appropriation and why was this?
switching the labels on goods in a supermarket
it was an adverse interference with the owners rights
it was an adverse interference with the owners rights
5 of 60
What did the case of Pitham v Hehl say was an appropriation and why was this?
defendant sold another persons property
even though the defendant did not touch it, as selling it was an appropriation of the owners rights
even though the defendant did not touch it, as selling it was an appropriation of the owners rights
6 of 60
What is the link of appropriation and consent?
there can be an appropriation even when the owner consents to it as long as that consent is obtained by deception
7 of 60
What did the case of Lawrence (1972) say was an appropriation and why was this?
the defendant taking far more money than he was entitled to for a taxi fare from a foreign student
as the students consent was obtained by deception
as the students consent was obtained by deception
8 of 60
What did the case of Gomez (1993) say was an appropriation and why was this?
the defendant worked in a shop and persuaded the manager to accept stolen cheques (unknown to the manager) as payment for goods
the managers consent was obtained by deception
the managers consent was obtained by deception
9 of 60
What did the case of Hinks (1998) say was an appropriation and why was this?
daily gifts of money by a naive, gullible man of low intelligence to the defendant even though they appeared to be voluntary
the mans consent was obtained by deception
the mans consent was obtained by deception
10 of 60
What section of the act shows what property includes and what does it say?
s4(1)
property includes ; money, real property, personal property including things in action and other intangible property
property includes ; money, real property, personal property including things in action and other intangible property
11 of 60
What does s4(3) of the act say about property?
wild plants are not property unless taken for reward or sale
12 of 60
What did the case of Welsh say was a property?
a urine sample was property of the lab where it had been sent to, making the defendant guilty of theft of his own sample when he took it
13 of 60
What did the case of Oxford v Moss say was not property and why?
confidential information on an exam paper
knowledge cannot be stolen
knowledge cannot be stolen
14 of 60
What did the case of Chan Nai-Keung say was a property and what type?
export quota
intangible property
intangible property
15 of 60
What did the case of R v Smith (Michael) and others say was a property?
class A drugs
16 of 60
What did the case of Kohn say was a property and why?
money in the bank
it is a thing in action and so is an enforceable right
it is a thing in action and so is an enforceable right
17 of 60
What section of the act is used for 'belonging to another' and what does this mean?
s5(1)
possession, control or proprietary interest i.e. ownership
possession, control or proprietary interest i.e. ownership
18 of 60
What was the defendant guilty of in the
case of Turner, and why relating to 'belonging to another'?
case of Turner, and why relating to 'belonging to another'?
guilty of theft of his own car when he
took it from a garage without paying for the repairs
as it was in the possession and control of the garage
took it from a garage without paying for the repairs
as it was in the possession and control of the garage
19 of 60
What was said about items outside a charity shop and 'belonging to another' in the case of Ricketts v Basildon Magistrates?
items left outside a charity shop belong to the person who donated them until taken into the control or possession of the charity
20 of 60
What was said about scrap metal and 'belonging to another' in the case of Woodman?
scrap metal that appeared to have been abandoned belonging to another
as it was on the company's site and so it was in its possession and control
as it was on the company's site and so it was in its possession and control
21 of 60
What section of the act is used for the obligation to deal with property or its proceeds in a particular way (in belonging to another) and what does it say?
s5(3)
where a person receives property from another and is under an obligation to retain and deal with that property or its proceeds in a particular way, the property / proceeds belongs to another
where a person receives property from another and is under an obligation to retain and deal with that property or its proceeds in a particular way, the property / proceeds belongs to another
22 of 60
What happened in the case of Davidge v
Bunnett and how does this show an obligation to deal with property or its proceeds in a
particular way (in belonging to another)?
Bunnett and how does this show an obligation to deal with property or its proceeds in a
particular way (in belonging to another)?
defendant was given money by flatmates to pay the gas bill but spent it
the money belonged to another as she had an obligation to deal with it in a particular way
the money belonged to another as she had an obligation to deal with it in a particular way
23 of 60
What happened in the case of Wain and how does this show an obligation to deal with property or its proceeds in a
particular way (in belonging to another)?
particular way (in belonging to another)?
defendant raised money for charity but spent it and so could not pay them
the money belonged to the charity as the defendant was under an obligation to pass the exact amount raised on to them (but not the actual physical bank notes)
the money belonged to the charity as the defendant was under an obligation to pass the exact amount raised on to them (but not the actual physical bank notes)
24 of 60
What is the section of the act that says : property received by mistake belongs to another where the defendant has an obligation to make restoration i.e. to pay it back?
s5(4)
25 of 60
What does the case of Ginks say that returning property must be as opposed to a moral obligation?
a legal obligation
26 of 60
Why was the defendant guilty of theft in the case of AG's Ref 1 (1983)?
defendant was paid an excessive amount of wages and did not return it
money belonged to another under s5(3)
money belonged to another under s5(3)
27 of 60
What two things makes up the mens rea of theft?
dishonesty
intention to permanently deprive
intention to permanently deprive
28 of 60
What is the three part test to dishonesty under s2(1)?
the defendant is not dishonest if he believes that:
A- he has legal right to appropriate the property OR
B- owner would consent to appropriation OR
C- owner cant be discovered by taking reasonable steps
A- he has legal right to appropriate the property OR
B- owner would consent to appropriation OR
C- owner cant be discovered by taking reasonable steps
29 of 60
Which exception was shown in the case of Holden and how?
A - believes he has legal right to appropriate the property
defendant was not dishonest as he believed he had a legal right to take used tyres from his employer as it was customary
defendant was not dishonest as he believed he had a legal right to take used tyres from his employer as it was customary
30 of 60
Which exception was shown in the case of Small and how?
C - believes the owner cannot be discovered by taking reasonable steps
defendant took abandoned car left in the road for over a week with the keys still in the ignition, missing parts and no petrol in it
he was not dishonest as he believed the owner coul
defendant took abandoned car left in the road for over a week with the keys still in the ignition, missing parts and no petrol in it
he was not dishonest as he believed the owner coul
31 of 60
What test do the courts use if none of the exceptions are applicable and what are the parts to this?
the two part Ghosh test
1 - would defendants behaviour be regarded as dishonest by the standard of the honest reasonable person
2 - did defendant realise their conduct was dishonest by those standards
1 - would defendants behaviour be regarded as dishonest by the standard of the honest reasonable person
2 - did defendant realise their conduct was dishonest by those standards
32 of 60
In what case did Lord Hughes (in supreme court) disapprove of part two of the test?
Ivey v Genting Casinos (2017)
33 of 60
Under what section of the act is intention to permanently deprive outlined and how is it defined?
s6(1)
it is intention to treat the property as his own to dispose of regardless of the owners rights
it is intention to treat the property as his own to dispose of regardless of the owners rights
34 of 60
What was the intention to permanently deprive in the case of Velumyl and how was it one?
defendant borrowed money from work, intending to replace it
had intention to permanently deprive
victim of the specific money taken as he could not replace the exact same notes
had intention to permanently deprive
victim of the specific money taken as he could not replace the exact same notes
35 of 60
What was the intention to permanently deprive in the case of DPP v Lavender and how was it one?
defendant took two doors from
council house and used them to replace the damaged doors in his girlfriends council house
had intention to permanently deprive as he was treating doors as his own to dispose of regardless of the owners rights
council house and used them to replace the damaged doors in his girlfriends council house
had intention to permanently deprive as he was treating doors as his own to dispose of regardless of the owners rights
36 of 60
What was the intention to permanently deprive in the case of Raphael and how was it one?
defendant took victims car and demanded money for its return
placing condition on return of property is an intention to permanently deprive as it is treating property as own to dispose of regardless of owners rights
placing condition on return of property is an intention to permanently deprive as it is treating property as own to dispose of regardless of owners rights
37 of 60
What section of the act shows that an
intention to permanently deprive can be borrowing or lending property for a period and in circumstances equivalent to an outright taking or disposal?
intention to permanently deprive can be borrowing or lending property for a period and in circumstances equivalent to an outright taking or disposal?
s6(1)
38 of 60
What was held in the case of Lloyd relating to s6(1)?
borrowing property until 'the goodness, virtue, the practical value has gone' amounts to an outright taking or disposal of that property and so is an intention to permanently deprive
39 of 60
What happened and what was held in the case of DPP v J and others?
defendant took and broke the victims headphones and gave them back
this was an intention to permanently deprive
this was an intention to permanently deprive
40 of 60
What act and section outlines robbery and how is it defined?
s8(1) Theft Act 1968
a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
41 of 60
What six things form the actus reus of robbery?
- steals
- force OR
- threat of force
- on any person
- immediately before or at time of stealing
- in order to steal
- force OR
- threat of force
- on any person
- immediately before or at time of stealing
- in order to steal
42 of 60
How is the principle of 'steals' established?
the defendant must commit a theft (appropriation of a property that belongs to another)
43 of 60
What are two case examples for the principle of 'steals'?
Robinson
Corcoran and Anderton
Corcoran and Anderton
44 of 60
What happened and what was held in the case of Robinson?
- defendant used force to take the victims money as he was owed it
- had not committed theft as he
believed he had a legal right to it and so was not dishonest
- and so, was not guilty of robbery
- had not committed theft as he
believed he had a legal right to it and so was not dishonest
- and so, was not guilty of robbery
45 of 60
What happened and what was held in the case of Corcoran and Anderton?
- defendant dropped the bag he had wrestled from the victim
- temporary appropriation of victims property amounted to theft
- therefore, with additional use of force, defendant was guilty of robbery
- temporary appropriation of victims property amounted to theft
- therefore, with additional use of force, defendant was guilty of robbery
46 of 60
Is force defined in the theft act?
no
47 of 60
What are two case examples used for the application of the principle of force?
Dawson & James
RP & Others
RP & Others
48 of 60
What was held (three points) in the case of Dawson & James?
- force is an ordinary word
- the jury decide
- very little force is needed e.g nudging the victim off balance
- the jury decide
- very little force is needed e.g nudging the victim off balance
49 of 60
What was shown as not enough to be force in the case of RP & Others?
snatching a cigarette
50 of 60
If actual force is not found, how can threat of force be applied?
the defendant must seek to put the victim in fear but the victim need not actually be in fear
51 of 60
What are two case examples used for
the application of the principle of threat of force?
the application of the principle of threat of force?
B & R v DPP
Bentham
Bentham
52 of 60
What happened and what was held in the case of B & R v DPP?
- a gang of youths took the victims phone, wallet and watch
- the victim was not scared
- the victim need not be in fear as it is enough that the defendant seeks to cause the victim to apprehend violence
- the victim was not scared
- the victim need not be in fear as it is enough that the defendant seeks to cause the victim to apprehend violence
53 of 60
What happened and what was held in the case of Bentham?
- defendant pointed his fingers from
inside his jacket pocket at the victim so it looked as if he had a gun
- this was sufficient for the threat of force
inside his jacket pocket at the victim so it looked as if he had a gun
- this was sufficient for the threat of force
54 of 60
.How is the principle of 'on any person' established with a case example?
the force can be used on the victim, someone with or near to the victim or on the victims property
Clouden
Clouden
55 of 60
What was shown to be force on any person in the case of Clouden?
the defendant wrenching a shopping bag from the victims hands
56 of 60
How is the principle of 'immediately before or at the time of stealing' established if force is used after the theft with a case example?
if the force is used after the theft, the jury may decide that the appropriation
continues until the force arrives, so
that the force is interpreted as being 'at the time of stealing'
Hale
continues until the force arrives, so
that the force is interpreted as being 'at the time of stealing'
Hale
57 of 60
What happened and what was held in the case of Hale?
- defendants entered house and took jewellery box
- they tied up the occupant before leaving
- appropriation was continuing when the occupant was tied up
- jury could decide when the theft was complete
- they tied up the occupant before leaving
- appropriation was continuing when the occupant was tied up
- jury could decide when the theft was complete
58 of 60
.How is the principle of 'in order to steal' established with a case example?
- the force / threat of force must be used in order to steal
- force that has nothing to do with the theft does not amount to robbery
R v James
- force that has nothing to do with the theft does not amount to robbery
R v James
59 of 60
What makes up the mens rea of a robbery?
- dishonesty
- intention to permanently deprive
- intention / recklessness for the threat or use of force
- intention to permanently deprive
- intention / recklessness for the threat or use of force
60 of 60
Other cards in this set
Card 2
Front
What act defines theft and how does it define it?
Back
Section 1 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
a person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the other of it
Card 3
Front
What three things form the actus reus of theft?
Back
Card 4
Front
What section of the act defines
appropriation and how is it defined with examples?
appropriation and how is it defined with examples?
Back
Card 5
Front
What did the case of Morris say was an appropriation and why was this?
Back
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