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THEFT
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Where is theft defined and what as?
S1 (1) Theft Act 1968 - Dishonesty appropriating property belonging to another with intention to permanently deprive.
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Where is appropriation defined and what is?
S3 (1) TA'68 - appropriation is assuming the rights of the owner.
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Which case demonstrates appropriation?
R v Morris - Swapped Heinz label for own brand label to pay less.
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Which case demonstrates that consent is not dealt with in appropriation?
DPP v Gomez
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Which case demonstrates dishonesty is not dealt with in appropriation?
R v Hinks - D coerced V to give her a large amount of money over 7 months.
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Where is property defined and what as?
S4 TA'68 - includes money and all other property, real or personal, including things is action and other intangible objects.
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What section defines real property?
S4 (2) - Land/buildings
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What case demonstrates things in action?
R v Marshall - right to be enforced (bank account)
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What case demonstrates other intangible objects?
Oxford v Moss - Have no physical form (knowledge)
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Where is belonging to another defined and what as?
S5 TA'68 - Having possession, ownership or control.
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Which case demonstrates that some rights overrule right to possession?
R v Turner
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Which case demonstrates that is isn't necessary for V to know they own property?
R v Woodman
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Which case demonstrates you give up right to property if you abandon it?
Williams v Phillips
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What is set out in S5 (3) TA'68?
If you give property to someone to be dealt with in certain way and they don't, this is theft (Davidge & Bunnett)
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What is set out in S5 (4)?
If you receive property by mistake, under legal obligation to try and return it
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What is dishonesty?
S2 - Not regarded as dishonest if; a) D believes he has right in law to take property, b) D believes owner would have consented to appropriation, c) owner of property can't be found taking reasonable steps.
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What test is used if none of the exceptions in S2 apply?
Ghosh test - Would Ds actions be regarded as dishonest by a reasonable, honest person? Was D aware of this?
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What section is intention to permanently deprive in?
Section 6 (1) Theft Act 1968
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Which case demonstrates that breaking headphones and returning them is IPD?
DPP v J
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Which case demonstrates that taking films, copying them and returning originals is not IPD?
R v Lloyd - Lord Lane if it is in such a changed state all goodness and virtue has gone.
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Which case was it said that there was IPD as couldn't return exact bank notes?
R v Velumyl
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Which case demonstrates that conditional intent is not sufficient?
R v Easom
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Which case demonstrates that intention to treat something as your own is sufficient?
Raphael and Another
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ROBBERY
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Where is robbery defined and what as?
S81 (1) Theft Act 1968 - Using or threatening force immediately before or at time of theft with intention to use threat of force.
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Which case demonstrates that all elements of theft must be present?
R v Robinson
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Which case demonstrates that amount of force only needs to be small?
Dawson and James - small push to allow another to take wallet.
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Which case demonstrates force or threat of force?
Clouden - wrenched shopping bag.
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Which case demonstrates that if there is no direct contact, hard to state force applied to person?
P v DPP
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Which case demonstrates doesn't matter if person actually feared violence?
B and R v DPP
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Which case demonstrates that theft can be a continuing act?
Hale
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Which case demonstrates theft doesn't have to be successful?
Concoran and Anderton
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Which case demonstrates that there are limits to the continuing act?
Vinall
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What must the force be used for?
The force must be used to complete the theft.
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What is the mens rea for robbery?
Mens rea for theft, intend to use force to steal.
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BURGLARY
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What is the definition of burglary under S1 (1)(a) Theft Act 1968?
Enters a building or part of building as trespasser with intent to steal/inflict GBH/ do unlawful damage
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What is the definition of burglary under S1 (1)(b) Theft Act 1968?
Having entered the building/part of a building as a trespasser steals/attempts to steal.
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Which case defined entry?
R v Brown - 'effective entry'
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What section defines building?
S9 (4) inhabited place - dwelling, inhabited vehicle.
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Which case demonstrated that a freezer container was a building?
B and S v Leathley
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Which case demonstrates a lorry trailor was a vehicle as it had wheels?
Norfolk v Seekings
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Which case defined part of a building?
R v Walkington - Permission to be in part of a building but not another.
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What case demonstrates that D must enter as a trespasser?
R v Collins - must know or be reckless as to trespassing.
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Which case demonstrates that it is possible to go beyond permission and become a trespasser?
R v Smith and Jones
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What is the mens rea for both kinds of battery?
Know or be subjectively reckless as to being a trespasser.
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What is the mens rea for S9 (1)(a)?
Intention to commit 1/3 ulterior offences at time of entery.
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What is the mens rea for S9 (1)(b)?
MR for theft/GBH when committing/attempting AR of 1 of ulterior offences
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Criminal damage in burglary?
D intends to commit CD at time they enter, guilty of S9(1)(a). If don't intend but cause CD, not burglary.
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BLACKMAIL
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Where is blackmail defined and what as?
S21 Theft Act 1968 - Intention to make an unwarranted demand with menaces and a view to gain or cause loss
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Which case demonstrates a demand doesn't have express?
Collister and Warhurst
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What case demonstrates that once the demand is made, doesn't matter if D receives it?
Treacy v DPP.
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Which case demonstrates that menaces means serious threat?
Lawrence & Pomroy
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What is said about menaces in the case of Clear?
Threat must be to extent that person of normal stability & courage might be influenced to unwillingly accede to it.
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When is a demand with menaces unwarranted?
Any demand is unwarranted unless; a) there were reasonable grounds for making the demand & b) use of menaces is a proper means of reinforcing the demand.
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Where is gain or loss defined?
S32 (2)(a) Theft Act 1968.
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What is a gain?
Receiving something, keeping something you should have lost.
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What is a loss?
Not getting something you should, giving something away.
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What case said that D doesn't have to actually make a gain/loss?
Bevans
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MAKING OFF WITHOUT PAYMENT
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Where is making off without payment defined?
S3 Theft Act 1978
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What must the D do to have making off without payment?
Make off - McDevitt - Must leave the scene (depart)
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What case demonstrates goods supplied/ services done?
Troughton v Met Police - If service is not complete, no offence committed.
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What case demonstrates that payment is required on the spot?
Vincent - Arrangement with hotel manager to pay when he could, so wasn't required on spot.
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What is the fourth actus reus element in making off without payment?
D has not paid.
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What are the mens rea elements for making off without payment?
Dishonesty, Knowing payment is required, Intention to avoid payment.
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Which case demonstrates intention to avoid payment permanently?
Allen - had agreement to pay when had money, so didn't intend to permanently avoid payment.
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FRAUD BY FALSE REPRESENTATION
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What is fraud by false representation defined as and why?
S2 (1) Fraud Act 2006 - Dishonestly makes a false representation with intent to make a gain or cause loss.
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What is a representation?
S2 (3) - any representation as to fact or law, including representation as to state of mind.
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Which section says a representation can be made to a machine?
S2 (5)
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Which section says a representation can be made expressly or implied?
S2 (4)
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Which case demonstrates that a representation can be made expressly?
R v Hamilton.
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Which case demonstrates that a representation can be implied?
Barnard
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What is false?
S2(2) - as untrue or misleading.
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Where is gain or loss defined?
S5 Fraud Act 2006
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Which case said the gain or loss can be temporary or permanent?
Kapitene
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What is the mens rea for fraud by false representation?
dishonesty, must know or believe representation to be untrue or misleading.
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OBTAINING SERVICES DISHONESTLY
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What is the definition?
S11 Fraud Act 2006 - obtaining services by a dishonest act, services made available on basis that payment will be paid, not paid, intend payment not to be made.
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What are the different elements?
Services obtained, not paid for, dishonesty, know payment must be made, intention not to pay.
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CRIMINAL DAMAGE
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What is criminal damage defined as?
S1 (1) Criminal damage Act 1971 - Destroying/damaging property belonging to another with the intent to damage or recklessness as to damaging.
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What is the key case for destroy/damage?
Roe v Kingerlee - "whether property has been damaged is a matter of fact and degree"
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Which case demonstrates that damage does not have to be permanent?
Hardman v CC Avon - If it takes time, money or effort to fix.
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Which case demonstrates that damage doesn't have to be permanent if it takes time to restore it?
Fiak.
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Which case demonstrates if there is no cost/effort in clean up, there is no offence?
R v A
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Which case demonstrates that property damaged is a relevant consideration?
Morphies v Salmon - scaffolding pole expected to get damaged.
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What is property defined as?
S10 (1) - anything of a tangible nature, whether real or personal including money.
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What is belonging to another defined as?
S10 (2) - Having custody/control over it, Having a proprietary right over it, Having charge over it.
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Which cases demonstrates that it must be intention to do the damage?
Pembliton (no intent), Seroy-White (intent)
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Which case demonstrates it must be intention to do damage to property belonging to another?
Smith - thought it belonged to him.
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Which case demonstrates recklessness in criminal damage?
G and R.
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What is aggravated criminal damage defined as?
S1 (2) Intending to endanger life of another or reckless as to endangering life of another.
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Which cases demonstrates that the danger must come from the damage?
Steer (didn't come from damage), Webster (Came from damage).
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Which case demonstrates that it doesn't matter if life wasn't endangered?
Sangha - intending to do so is enough.
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Which case demonstrates that for aggravated it doesn't matter whose property is it?
Merrick
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What is arson defined as?
S1 (3) criminal damage by fire.
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Which case demonstrates that arson can be committed by omission?
Miller
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What is without lawful excuse?
S5 (2) Criminal Damage Act 1971 - Where D honestly believes that a) the owner would have consented to it, b) other property was in danger and in need of protection and what he did was reasonable.
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Which case is used to demonstrate other property was in need of protection?
Hunt - set fire to bed to draw attention to fault alarm (not to protect)
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Which case demonstrates that you can't protect other people?
Banker and Wilkins.
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Which case demonstrates honest belief?
Denton - D have an honest belief that he was protecting his boss.
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What if the D is intoxicated?
Jaggard v Dickinson - doesn't affect the defence.
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DURESS (defence)
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What test is used to establish duress?
Graham test - 1. Did D act because he reasonably believed he had good cause to fear serious injury/death, 2. Would reasonable person sharing same characteristics of D have responded in same way?
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Which case demonstrates that court take into account special characteristic that may make D more likely to believe threat?
Martin
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Which case demonstrates the characteristics the court take into account?
Bowen - age, sex, pregnancy, physical disability, mental illness.
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What is duress by threat?
When a threat is directed at D by another person who demands they commit specific crime or there will be consequences.
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Which case demonstrates the threat must be of serious harm/death?
Valderama-vega
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Who can the threat be made agaisnt?
Friends (Conway), Family (Martin), strangers (Draft Criminal Code)
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Which case demonstrates that for duress by threat they must be ordered to commit a specific offence?
Cole - there was no specific offence.
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What is duress by circumstances?
Where the D is required to commit a crime due to surrounding circumstances.
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Which case demonstrates there is no specific threat issued?
Willer
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Which case demonstrates that a subjective test is used to establish duress by circumstance?
Conway - was D acting to avoid threat/ danger of threat.
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Which case demonstrates that duress can only be used if there is no safe avenue of escape?
Gill - had time to escape threat
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Which case demonstrates that police protection may not always be effective?
Hudson & Taylor - threat must be having over D at time the committed offence.
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Which case demonstrates that the threat must be effective at time crime is committed, doesn't mean it needs to be carried out immediately?
Abdul-Hussain - threat must overbear Ds will.
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What is self-induced duress?
Where the D is aware he may be put under duress to commit crimes.
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Which cases demonstrate self-induced duress?
Sharp - part of violent gang, Shepherd - part on non-violent gang, Heath - Voluntarily put self in circumstances.
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Other cards in this set

Card 2

Front

Where is theft defined and what as?

Back

S1 (1) Theft Act 1968 - Dishonesty appropriating property belonging to another with intention to permanently deprive.

Card 3

Front

Where is appropriation defined and what is?

Back

Preview of the front of card 3

Card 4

Front

Which case demonstrates appropriation?

Back

Preview of the front of card 4

Card 5

Front

Which case demonstrates that consent is not dealt with in appropriation?

Back

Preview of the front of card 5
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