Property Offences

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  • Created by: Aimee
  • Created on: 08-01-17 11:15
Theft contrary to...
s1 Theft Act 1968
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Define theft
Dishonestly appropriating property belonging to another with the intention to permanently deprive
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Define appropriation. Under...
Doing something with the property that the owner has the right to do. Under s3(1) Theft Act 1968
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Case, explain- Only one right need be assumed.
R v Morris
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Case- Appropriation can occur even if the owner has consented to the property being taken.
Gomez
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Define property. Under...
Money and all other property real or personal. Under s4(1) Theft Act 1968
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Case- Confidential information is not capable of being stolen
Oxford v Moss
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Case- “Belonging to another” can mean any control or any proprietary interest in property
R v Turner
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s2(1) Outlines 3 types of behaviour not considered dishonest...
Belief that he has the right in law to take it. Belief that he would have the other’s consent if he knew of the appropriation. Belief that the person who the property belongs to cannot be discovered by taking reasonable steps
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s2(2) A type of behaviour that ma be considered dishonest.
Appropriation even if they are willing to pay for it.
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What is there is still an issue as to whether he actions were dishonest?
Matter left to the jury
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Describe the 2-stage Ghosh Test.
1. Was what was done dishonest according to reasonable and honest people? IF YES 2. Did the defendant realise that reasonable and honest people would regard what he did as dishonest?
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Intention to permanently deprive. Explain R v Velumyl
He stole money from a safe. Even when the money was replaced the next day, different notes were used so the owner was permanently deprived.
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Intention to permanently deprive. Explain R v Lloyd
D worked for a cinema. Took film reels, copied them and then returned them. Not theft as he returned exactly what he took.
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If the borrowing or temporary deprivation is for such a long time it has the effect of outright taking, this will amount to a permanent deprivation according to...
s6(1) Theft Act 1968
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Case- If the property is moved it can amount to a permanent deprivation
DPP v Lavender
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Will talking property under a condition amount to theft? Which section?
Yes theft as you intend to permanently deprive. s6(2) Theft Act 1968
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Robbery contrary to...
s8 Theft Act 1968
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Robbery is essentially...
Theft aggravated by the use or threat of force.
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Define robbery..
If a person steals and immediately before doing so, uses force or makes someone fear force.
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If found guilty of robbery, you can be liable to...
Life imprisonment
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Case- If there is no theft, there can be no robbery.
Skivington
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Is there a minimum level of force to satisfy a robbery conviction?
No
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Case- Force must be used against ‘any person’ but includes property in V’s immediate possession.
Clouden
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Case- Robbery does not require proof that V was actually put in fear. Just that it was D's intention.
R v DPP
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For robbery, the defendant must have the MR for...
Theft
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Case- The force must be used immediately before or at the time of stealing.
R v Hale
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Burglary contrary to...
s9 Theft Act 1968
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Burglary under s9(1)(a)
Defendant enters a building as a trespasser intending to commit theft, GBH or unlawful damage.
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Burglary under s9(1)(b):
Defendant enters a building as a trespasser. Having entered he commits or attempts to commit theft or GBH.
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Defendant must enter a building. What happened in R v Ryan?
Defendant's arm and head had entered the property through a window which amounts to entering the property.
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MR to trespassing. (2)
1 The defendant must enter without permission. 2 The defendant must know he was entering without consent, or be reckless as to consent.
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A building as described in Stevens v Gourley:
A structure of considerable size and intended to be permanent.
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Which is the broader offence making it easier to charge someone with it? S9(1)(a) or s9(1)(b)?
s9(1)(b) Once entering, commits or attempts to commit theft or GBH. Because it's harder to prove that the defendant had the intention before entering.
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Aggravated burglary contrary to...
s10 Theft Act 1968.
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Explain aggravated burglary
If a person commits burglary and at the time has with him any firearm (or imitation), weapon of offence, or explosive.
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If found guilty of aggravated burglary, you are liable for...
Life imprisonment
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Case- The burglar has to be carrying the weapon at the time of the burglary
R v Klass
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Other cards in this set

Card 2

Front

Dishonestly appropriating property belonging to another with the intention to permanently deprive

Back

Define theft

Card 3

Front

Doing something with the property that the owner has the right to do. Under s3(1) Theft Act 1968

Back

Preview of the back of card 3

Card 4

Front

R v Morris

Back

Preview of the back of card 4

Card 5

Front

Gomez

Back

Preview of the back of card 5
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