theft

What is the definition of theft?

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

What are the 5 elements of theft?

Appropriation; Property; Belonging to another; Dishonesty; Intention to permanently deprive (APBDI).

What is appropriation?

The assumption of any of the rights of the owner.

Which case established that appropriation can occur with the owner's consent?

Gomez (1993).

Facts of Gomez?

D persuaded a shop assistant to accept a stolen cheque. Consent does not prevent appropriation.

Which case established that a valid gift can still amount to appropriation?

Hinks (2000).

Facts of Hinks?

D persuaded a vulnerable man to give her money. A valid gift can still be appropriation.

What counts as property under the Theft Act?

Money, goods, things in action and other intangible property.

Which case established that confidential information is not property?

Oxford v Moss (1979).

Facts of Oxford v Moss?

D read an exam paper in advance. Information itself was not property capable of being stolen.

When does property belong to another?

When another person has ownership, possession or control.

Which case established that you can steal your own property?

Turner (1971).

Facts of Turner?

D took his own car from a garage without paying. The garage had possession and control of the vehicle.

What is the test for dishonesty?

What were D's actual beliefs and would ordinary decent people consider the conduct dishonest?

Which case established the current dishonesty test?

Ivey v Genting Casinos (2017).

Facts of Ivey?

Professional gambler used edge-sorting. Supreme Court established the current objective test for dishonesty.

What is intention to permanently deprive?

Treating property as one's own to dispose of regardless of the owner's rights.

Which case established that replacing money with different money can amount to ITPD?

Velumyl (1989).

Facts of Velumyl?

D borrowed money intending to repay different notes and coins. This amounted to ITPD.

Which case established that borrowing is not usually theft?

Lloyd (1985).

Facts of Lloyd?

Film reels were borrowed and returned. No ITPD because their goodness and value remained.

What is robbery?

Theft plus force or threat of force immediately before or during the theft.

What are the elements of robbery?

Theft; force or threat of force; immediately before or during the theft; in order to steal.

Which case discusses force in robbery?

Dawson and James (1976).

Facts of Dawson and James?

Even minimal force can be sufficient for robbery.

What is burglary under s9(1)(a)?

Entering a building as a trespasser with intent to steal, inflict GBH or cause criminal damage.

What is burglary under s9(1)(b)?

Entering as a trespasser and then stealing or attempting GBH.

Difference between s9(1)(a) and s9(1)(b)?

s9(1)(a) requires intent at entry; s9(1)(b) requires the offence after entry.

Which case discusses entry in burglary?

Brown (1985).

Facts of Brown?

Partial entry into a shop window was sufficient for burglary.

Which case discusses trespass in burglary?

Collins (1973).

Facts of Collins?

Trespass requires lack of permission or exceeding permission granted.

What is the AR of criminal damage?

Destroying or damaging property belonging to another.

What is the MR of criminal damage?

Intention or recklessness.

Which case established the modern recklessness test?

R v G (2003).

Facts of R v G?

Recklessness requires that D actually foresaw the risk.

What is arson?

Criminal damage caused by fire.

What is aggravated criminal damage?

Criminal damage with intent or recklessness as to endangering life.

What is the AR of theft?

Appropriation of property belonging to another.

What is the MR of theft?

Dishonesty and intention to permanently deprive.

What is the AR of robbery?

Theft plus force or threat of force.

What is the MR of robbery?

The mens rea for theft plus intention to use force in order to steal.

What is the AR of burglary?

Entry of a building as a trespasser.

What is the MR of burglary?

Knowledge/recklessness as to trespass plus the relevant ulterior intent.

What is the AR of criminal damage?

Destroying or damaging property belonging to another.

What is the MR of criminal damage?

Intention or recklessness as to the damage.