LAW04

Teacher recommended

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THEFT
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1 of 122
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.
3 of 122
Which case demonstrates appropriation?
R v Morris - Swapped Heinz label for own brand label to pay less.
4 of 122
Which case demonstrates that consent is not dealt with in appropriation?
DPP v Gomez
5 of 122
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.
6 of 122
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
8 of 122
What case demonstrates things in action?
R v Marshall - right to be enforced (bank account)
9 of 122
What case demonstrates other intangible objects?
Oxford v Moss - Have no physical form (knowledge)
10 of 122
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
12 of 122
Which case demonstrates that is isn't necessary for V to know they own property?
R v Woodman
13 of 122
Which case demonstrates you give up right to property if you abandon it?
Williams v Phillips
14 of 122
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)
15 of 122
What is set out in S5 (4)?
If you receive property by mistake, under legal obligation to try and return it
16 of 122
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
19 of 122
Which case demonstrates that breaking headphones and returning them is IPD?
DPP v J
20 of 122
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.
21 of 122
Which case was it said that there was IPD as couldn't return exact bank notes?
R v Velumyl
22 of 122
Which case demonstrates that conditional intent is not sufficient?
R v Easom
23 of 122
Which case demonstrates that intention to treat something as your own is sufficient?
Raphael and Another
24 of 122
ROBBERY
.
25 of 122
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.
26 of 122
Which case demonstrates that all elements of theft must be present?
R v Robinson
27 of 122
Which case demonstrates that amount of force only needs to be small?
Dawson and James - small push to allow another to take wallet.
28 of 122
Which case demonstrates force or threat of force?
Clouden - wrenched shopping bag.
29 of 122
Which case demonstrates that if there is no direct contact, hard to state force applied to person?
P v DPP
30 of 122
Which case demonstrates doesn't matter if person actually feared violence?
B and R v DPP
31 of 122
Which case demonstrates that theft can be a continuing act?
Hale
32 of 122
Which case demonstrates theft doesn't have to be successful?
Concoran and Anderton
33 of 122
Which case demonstrates that there are limits to the continuing act?
Vinall
34 of 122
What must the force be used for?
The force must be used to complete the theft.
35 of 122
What is the mens rea for robbery?
Mens rea for theft, intend to use force to steal.
36 of 122
BURGLARY
.
37 of 122
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
38 of 122
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.
39 of 122
Which case defined entry?
R v Brown - 'effective entry'
40 of 122
What section defines building?
S9 (4) inhabited place - dwelling, inhabited vehicle.
41 of 122
Which case demonstrated that a freezer container was a building?
B and S v Leathley
42 of 122
Which case demonstrates a lorry trailor was a vehicle as it had wheels?
Norfolk v Seekings
43 of 122
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.
45 of 122
Which case demonstrates that it is possible to go beyond permission and become a trespasser?
R v Smith and Jones
46 of 122
What is the mens rea for both kinds of battery?
Know or be subjectively reckless as to being a trespasser.
47 of 122
What is the mens rea for S9 (1)(a)?
Intention to commit 1/3 ulterior offences at time of entery.
48 of 122
What is the mens rea for S9 (1)(b)?
MR for theft/GBH when committing/attempting AR of 1 of ulterior offences
49 of 122
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.
50 of 122
BLACKMAIL
.
51 of 122
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
52 of 122
Which case demonstrates a demand doesn't have express?
Collister and Warhurst
53 of 122
What case demonstrates that once the demand is made, doesn't matter if D receives it?
Treacy v DPP.
54 of 122
Which case demonstrates that menaces means serious threat?
Lawrence & Pomroy
55 of 122
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.
60 of 122
What case said that D doesn't have to actually make a gain/loss?
Bevans
61 of 122
MAKING OFF WITHOUT PAYMENT
.
62 of 122
Where is making off without payment defined?
S3 Theft Act 1978
63 of 122
What must the D do to have making off without payment?
Make off - McDevitt - Must leave the scene (depart)
64 of 122
What case demonstrates goods supplied/ services done?
Troughton v Met Police - If service is not complete, no offence committed.
65 of 122
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.
66 of 122
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.
68 of 122
Which case demonstrates intention to avoid payment permanently?
Allen - had agreement to pay when had money, so didn't intend to permanently avoid payment.
69 of 122
FRAUD BY FALSE REPRESENTATION
.
70 of 122
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.
71 of 122
What is a representation?
S2 (3) - any representation as to fact or law, including representation as to state of mind.
72 of 122
Which section says a representation can be made to a machine?
S2 (5)
73 of 122
Which section says a representation can be made expressly or implied?
S2 (4)
74 of 122
Which case demonstrates that a representation can be made expressly?
R v Hamilton.
75 of 122
Which case demonstrates that a representation can be implied?
Barnard
76 of 122
What is false?
S2(2) - as untrue or misleading.
77 of 122
Where is gain or loss defined?
S5 Fraud Act 2006
78 of 122
Which case said the gain or loss can be temporary or permanent?
Kapitene
79 of 122
What is the mens rea for fraud by false representation?
dishonesty, must know or believe representation to be untrue or misleading.
80 of 122
OBTAINING SERVICES DISHONESTLY
.
81 of 122
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.
82 of 122
What are the different elements?
Services obtained, not paid for, dishonesty, know payment must be made, intention not to pay.
83 of 122
CRIMINAL DAMAGE
.
84 of 122
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.
85 of 122
What is the key case for destroy/damage?
Roe v Kingerlee - "whether property has been damaged is a matter of fact and degree"
86 of 122
Which case demonstrates that damage does not have to be permanent?
Hardman v CC Avon - If it takes time, money or effort to fix.
87 of 122
Which case demonstrates that damage doesn't have to be permanent if it takes time to restore it?
Fiak.
88 of 122
Which case demonstrates if there is no cost/effort in clean up, there is no offence?
R v A
89 of 122
Which case demonstrates that property damaged is a relevant consideration?
Morphies v Salmon - scaffolding pole expected to get damaged.
90 of 122
What is property defined as?
S10 (1) - anything of a tangible nature, whether real or personal including money.
91 of 122
What is belonging to another defined as?
S10 (2) - Having custody/control over it, Having a proprietary right over it, Having charge over it.
92 of 122
Which cases demonstrates that it must be intention to do the damage?
Pembliton (no intent), Seroy-White (intent)
93 of 122
Which case demonstrates it must be intention to do damage to property belonging to another?
Smith - thought it belonged to him.
94 of 122
Which case demonstrates recklessness in criminal damage?
G and R.
95 of 122
What is aggravated criminal damage defined as?
S1 (2) Intending to endanger life of another or reckless as to endangering life of another.
96 of 122
Which cases demonstrates that the danger must come from the damage?
Steer (didn't come from damage), Webster (Came from damage).
97 of 122
Which case demonstrates that it doesn't matter if life wasn't endangered?
Sangha - intending to do so is enough.
98 of 122
Which case demonstrates that for aggravated it doesn't matter whose property is it?
Merrick
99 of 122
What is arson defined as?
S1 (3) criminal damage by fire.
100 of 122
Which case demonstrates that arson can be committed by omission?
Miller
101 of 122
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.
102 of 122
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)
103 of 122
Which case demonstrates that you can't protect other people?
Banker and Wilkins.
104 of 122
Which case demonstrates honest belief?
Denton - D have an honest belief that he was protecting his boss.
105 of 122
What if the D is intoxicated?
Jaggard v Dickinson - doesn't affect the defence.
106 of 122
DURESS (defence)
.
107 of 122
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?
108 of 122
Which case demonstrates that court take into account special characteristic that may make D more likely to believe threat?
Martin
109 of 122
Which case demonstrates the characteristics the court take into account?
Bowen - age, sex, pregnancy, physical disability, mental illness.
110 of 122
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.
111 of 122
Which case demonstrates the threat must be of serious harm/death?
Valderama-vega
112 of 122
Who can the threat be made agaisnt?
Friends (Conway), Family (Martin), strangers (Draft Criminal Code)
113 of 122
Which case demonstrates that for duress by threat they must be ordered to commit a specific offence?
Cole - there was no specific offence.
114 of 122
What is duress by circumstances?
Where the D is required to commit a crime due to surrounding circumstances.
115 of 122
Which case demonstrates there is no specific threat issued?
Willer
116 of 122
Which case demonstrates that a subjective test is used to establish duress by circumstance?
Conway - was D acting to avoid threat/ danger of threat.
117 of 122
Which case demonstrates that duress can only be used if there is no safe avenue of escape?
Gill - had time to escape threat
118 of 122
Which case demonstrates that police protection may not always be effective?
Hudson & Taylor - threat must be having over D at time the committed offence.
119 of 122
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.
120 of 122
What is self-induced duress?
Where the D is aware he may be put under duress to commit crimes.
121 of 122
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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