theft and robbery

which act is the law on theft and robbery from?

Theft Act 1968

where is the definition for the offence of theft found?

S.1(1)

what does s.1(1)

a person is guilty of theft if he dishonestly appropriates proerty belonging to another with the intention of permanently depriving the other of it

how many elements of theft are there?

3 for the AR

2 for the MR

how many elements need to be proven for a conviction for theft

all 5

what are the elements of actus reus?

- appropriation

- property

- belonging to another

what is the actus reus of theft?

appropriation of property belonging to another

what is the section for appropriation?

S.3 theft act 1968

what section if for property

s.4 theft act 1968

what section is for belongign to another

s.5 theft act 1968

what does s.3(1) say?

any assumption by a person of the rights of an owner

what are the cases to do with appropriation? and what do they say?

Morris - switching labels assumes rights of owner

Lawrence, Gomez - doesnt require lack of consent

Hinks - may occur even with a voluntary gift

what does s.4 say?

money and all other property real or personal including things in action and other intangible property

what types of property are there and what counts as it?

- real -> includes land and things growing on it

- personal -> includes tangible items such as goods

- things in action -> rights enforced by legal action

- intangible property -> items like electronic credits

which cases are used for property and why?

Kelly and Lindsay - personal property

Marshall - intangible property

Oxford v Moss - intangible property

what does s.4(3) say in relation to real property

a person who picks mushrooms growing wild on any land, or who picks flowers, fruit, or foliage from a plant wild on any land doesnt steal what he picks unless he does it for reward, sale, or other commercial purpose

what does s.5(1) say

possession or control...or any proprietary right or interest

what cases are in relation to belonging to another

Turner - possession or control doesnt require ownership

what does section s.5(3) say

recieving property by mistake anot dealign with it in a particular manner there can be theft

what does section 5.(4) say

recieving property by msitake and failing to return it will be theft

what cases relate to abandoned property? why?

Woodman - a person can be in control of propery even though he doesnt know he possesses it and it may appear abandoned

Rostron

what is the mens rea of theft

dishonesty and intention to permanently deprive the owner of the property

what is the test for dishonesty?

Ivey v Genting 0 the actions of the defendant were dishonest by the objective standards of ordinary honest and reasonable people

what would not be considered dishonest? (sections, and why)

s.2(1)

s.2(1(a)) - believes right in law

s.2(1(b)) - believes the other consented

s.2(1(c)) - believes person cannot be discovered

where is intention to permannently deprive defined?

s.6(1)

what does s.6(1) say?

a person is to be regarded as having the intention of permannetly depriving the other of it if his intention is to treat the thing as his own to dispose of

what is used to define intent here?

Mohan - D's main aim or purpose

what other cases are used for theft?

Velumeyl - not replacing exact thing counts as theft

Lavender - intent to treat thing as own despite other rights existing

which section defines robbery?

s.8(1) - 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 if being then and there subjected to force

what is the actus reus of robbery?

appropriation of property belonging to another + with force

what are the two conditions to do with force

- immedately before stealing or at thw time of doig so

- in order to steal

how does force apply

- if d threatens to use force on victim

- force victim does not have to be the theft victim

what cases relatye to force

corcoran v anderton - minimal force applies and D can still be guilty if they leave empty handed

dawson and james - force could be slightest touch

clouden - no physocal contact w/ person needed, wrenching or snatching counts

B and R v DPP - can be committed by putting someone in fear of being subjected to force even if no physical force is used

Lockley - force used to escape immediately after stealing still counts as robbery = continuing act

what is the mens rea of robbery

dishonesty with intention to permanently deprive + intention to the use of threat of force in order to steal

what is needed for intent

Mohan - NO RECKLESSNESS, d's main aim or purpose