property offences

what act is theft defined in?

theft act 1968

what is theft defined as in s1 of the theft act?

the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

what is s3 of the theft act?

appropriates

what does appropriation mean in sec 3(1)?

any assumption by a person of the rights of an owner

what case shows an appropriation can occur even where property has been handed over voluntarily?

lawrence

what case shows that there need not be an appropriation of all the rights of an owner?

r v morris - switched price labels

what case shows that appropriation can occur where goods are released with the consent of the owner?

r v gomez

what case shows that appropriation can take place despite it appearing like a voluntary gift?

r v hinks

what does s3(1) say?

there can be a later assumption of rights, such as when they keep it

what is s4 of the theft act?

property

what does property include?

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

what case shows that confidential information is not property and cannot be stolen?

oxford v moss

what case shows that body parts can be stolen if used for teaching purposes?

r v kelly and lindsay

what is s5 of the theft act?

belonging to another

what does belonging to another mean?

belonging to any person having possession or control of it, or having in it any proprietary right or interest

what case shows that any person can have rights over goods until a bill has been paid?

r v turner

what case shows that property may belong to another even if they do not know they own it?

r v woodman

what case shows that abandoned property may still be under possession of the owner?

williams v philips

what does s5(3) say?

in situations where property is handed over and the defendant is expected to deal with it in a particular way, it still belongs to the original owner

what case shows that property belongs to another where it is received under an obligation to retain and deal with it in a certain way?

davidge v bunnett

what case shows that property received by mistake may mean you are under an obligation to return it?

attorney-general’s reference no 1 of 1983

what case shows that where goods are left for someone, like a charity shop, they belong to the original owner until the new owner takes possession of them?

r (on the application of ricketts) v basilson magistrates court

what is s2 of the theft act?

dishonestly - mens rea

what does s2(1)(a) say?

not dishonest if he has a right in law

what does s2(1)(b)

he is not dishonest if he would have the owner’s consent

what does s2(1)(c say?

he is not dishonest if the owner cannot be discovered

where is the new test for dishonesty set out?

ivey

what is the first part of the ivey test?

what was the defendant’s knowledge of the facts?

what is the second part of the ivey test?

was his conduct dishonest by the standards of ordinary decent people?

what is s6 of the theft act?

with the intention of permanently depriving the other of it - mens rea

how do you know if the person had the necessary intention?

if they treat the property as their own regardless of the owner’s rights

what case shows that the goodness or practical value must have gone from the property?

lloyd

what cases demonstrate that disposing of shows an intention to permanently deprive?

r v vinall, r v easom

where is robbery defined?

s8 of the theft act 1968

what is robbery defined as?

a person is guilty of robbery if he steals, and immediately before or at the same 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 of being then and there subjected to force

what is needed for robbery?

a completed theft

what case demonstrates the need for a completed theft?

r v robinson

what case shows the amount of force can be very small?

r v dawson and james

what case shows that the defendant does not have to physically touch the victim?

r v clouden

what case shows that physical force doesn’t have to used it can words or a gesture?

benthem

what case shows the victim doesn’t need to be frightened of the defendant’s action?

b and r v dpp

can the force be used against any person?

yes

what case shows that the force can be part of the continuing act of theft?

r v hale

what case shows that using force to escape still counts as robbery?

r v lockely

what is the mens rea of robbery?

the mens rea of theft, and an intention to use or threaten to use force to steal