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Appropriation definition
Assuming rights of the owner
belonging to another
Anyone with possession, control, or a proprietary interest.
Consent is irrelevant to appropriation
R v Lawrence
Gifts can be appropriation
R v Hinks
You can steal your own property
R v Turner- stole his car from the mechanic
Abandoned meaning
Property that has no owner
case-R v Rostron- golf balls belonging to a club
Rule on keeping overpaid wages
AG Ref
wrong prices in shop
R v Morris
5 types of property
Type | Definition | Key Case / Example |
Money | Coins and banknotes | R v Velumyl |
Personal | Moveable objects | R v Kelly & Lindsay |
Real | Land and buildings | s.4(2) (Limited circumstances) |
Things in Action | Rights enforceable by law | Bank accounts / Cheques |
Intangible | Non-physical rights | Oxford v Moss (Info is NOT property) |
Force can be minimal
R v Dawson and James
Appropriaton can be a continuing act
R v Hale
Robbery requires all elements of theft to be present first.
R v Robinson
D used a knife to get £5 he was owed. He wasn't "dishonest" (s.2(1)(a) right in law), so there was no theft, therefore no robbery.
The theft is "complete" (for robbery) the moment the property is appropriated.
Corcoran v Anderton (1980)
D tugged a bag, V let go, and it hit the floor. D ran off empty-handed. Result: Guilty of robbery; the "assumption of rights" happened the moment V let go.
"Force" is an ordinary word for the jury; it doesn't need to be serious.
R v Dawson and James
D nudged/jostled the victim so an accomplice could take a wallet. Result: A nudge is sufficient force for robbery.
Wrenching an item out of someone’s hand counts as force on the person.
R v Clouden