Property offences- chapters 10 and 11

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What are the actus reus elements of theft?
Appropriation (s3), property (s4), belonging to another (s5)
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What does s3 say about appropriation?
"includes any assumption by dealing with it as its owner"
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What does s4 say about property?
"includes real or personal, things in action and intangible property."
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What does s5 say about belongings?
"Property belongs to any person having posession or control of it."
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Case showing appropriation can take place even with consent.
Lawrence.
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Case showing intangible property.
Marshall (value is property)
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Case showing property given by mistake belongs to the person who gave it.
Webster
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Cases showing property given for a particular purpose must be used for that purpose.
Davidge and Bunnett ----> DPP v Huskinson (moral obligation is not enough.)
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What is the mens rea of theft under s1?
"Dishonestly appropriates... with intention of permanently depriving the other."
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What are the elements of the mens rea of theft?
Intention to permanently deprive, dishonesty
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What does s6 say about intent to permanently deprive?
"A person intends to permanently deprive when he treats property as his own in cricumstances equivalent to an outright taking or disposal."
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Case showing returning destroyed property counts as outright disposal?
DPP v J and others.
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What does s2 say negates a persons dishonesty? Include two cases.
Belief they have legal right to the property (Small), belief they would have consent of the owner, belief the owner could not be found by taking reasonable steps (Thurborn)
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What is the 1982 Ghosh test?
Would reasonable people view the defendant's actions as dishonest? Was the defendant aware of this?
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Under section 8, what is the actus reus of robbery?
"steal, and immediately before or at the time or doing so, he uses force or seeks to put any person in fear of being then and there subjected to force."
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What are the elements of robbery?
What amounts to threat of force? When must the force take place? What must the connection be between the theft and the force?
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What is the general rule about threat of force?
Must be sufficient to be noticable.
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Case showing victim doesnt have to actually be put in fear.
B and R v DPP.
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Case showing force can be indirect.
Clouden.
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Case showing the threat doesn't have to be real.
Bentham.
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Case showing theft can be a continuing act for robbery.
Hale.
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Case showing appropriation does not have to be successful for robbery.
Corcoran and Anderton.
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In robbery, what connection must there be between the force and the theft?
The force must be done in order to steal and not for an ulterior purpose.
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What Act and section does Criminal Damage come under?
The Criminal Damage Act 1971, section 1.
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What is the actus reus of basic criminal damage under s1?
"without lawful excuse, destroy or damage property belonging to another."
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What is the mens rea of basic criminal damage under s1?
Intention or subjective recklessness as to whether property will be destroyed or damaged.
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Case showing temporary damage is sufficient.
Hardman v Chief Constable of Avon and Somerset.
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Case showing damage must cause reduction of value.
Morphitis v Salmon.
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What section sets out the meaning of property for criminal damage and what does it say?
s10- "property of a tangible nature, whether real or personal".
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What section sets out the meaning of 'belonging to another' for criminal damage and what does it refer to?
s10- "custody and control".
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What cases show the defendant having a lawful excuse to commit criminal damage?
Jaggard v Dickinson and R v Denton.
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What is the difference in the actus reus of basic criminal damage and aggravated criminal damage?
The damage caused must be enough to endanger life.
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What section sets out the mens rea of aggrvated criminal damage and what is this mens rea?
s1- "intending by destruction or damage to endanger the life of another or being reckless as to whether the life of another would be endangered."
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Successful aggravated criminal damage case.
Warwick.
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Case showing the actual damage caused, not the method of causing the damage, must be enough to endanger life.
Steer.
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What is arson under s1?
"destroying or damaging property by fire".
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What is the mens rea of arson? Explain through case.
Intent or subjective recklessness. (Set out in r v G and R which overruled Caldwell recklessness.)
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Explain s9(1)a and s9(1)b of the Theft Act 1968.
s9(1)a- "enters as a trespasser with intent to commit theft, GBH or criminal damage." s9(1)b- "Having entered as a trespasser, commits or attempts to commit theft, GBH or criminal damage."
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Elements of burglary.
The meaning of 'enters', the meaning of 'building or part thereof", the meaning of "trespasser"
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Case showing whole body entry is not necessary.
Collins.
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Case showing entry is effective even if the crime cannot be commited.
Ryan.
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Case for the meaning of building or part thereof.
Walkington.
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Case showing permission from the homeowner isn't necessary to negate being a trespasser.
Collins.
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Case showing a person can trespass by exceeding their permission by entering for some ulterior purpose.
Jones and Smith.
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What section does blackmail come under?
s21
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What is the actus reus of blackmail under s21?
"makes an unwarranted demand with menaces"
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Under s21(2), what is the mens rea of blackmail?
"an intention to make a demand with menaces and doing so with view to gain for himself or another or with intent to cause loss to another."
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Elements of blackmail. (2 AR and 2 MR)
What is an unwarranted demand? What amounts to menaces? The defendant's view to gain or cause loss. The defendant's belief he had reasonable grounds of making the demand.
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Case showing the demand can be express of implied and the jury will decide where a demand can be inferred.
Collister and Warhurst.
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Case showing a demand is made where the defendant has done all he can to communicate the demand.
Treacy v DPP.
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Case where Lord Wright said the meaning of menaces is to be "liberally constructed and not limited to threats of violence."
Thorne v Motor Trade Association.
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Case showing timid nature of the victim, where it is known to the defendant, can be taken into account when deciding whether there were menaces.
Garwood.
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Case showing trivial threats are not sufficient to menaces.
R v Harry.
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What does s34 say about the defendant's view to gain or cause loss?
"Gain includes keeping what one has or getting what one has not. Loss includes not getting what one might get or parting with what one has."
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Case showing that, for blackmail, the gain or loss must have economic value.
Bevans.
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What is the general rule on the defendant's belief that he had reasonable grounds of making the demand and that the use of menaces was a proper way of enforcing it?
Where D genuinely believed he had grounds of making the demand (such as being owed money by the victim) and that menaces were a proper way to enforce it, he will usually not be guilty of blackmail.
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Case showing that, where the jury feel the use of menaces or the making of the demand was morally wrong, they can convict the defendant of theft even if he believed his blackmail was justified.
R v Harvey.
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Other cards in this set

Card 2

Front

What does s3 say about appropriation?

Back

"includes any assumption by dealing with it as its owner"

Card 3

Front

What does s4 say about property?

Back

Preview of the front of card 3

Card 4

Front

What does s5 say about belongings?

Back

Preview of the front of card 4

Card 5

Front

Case showing appropriation can take place even with consent.

Back

Preview of the front of card 5
View more cards

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