theft and robbery a level law

Theft definition

S1 Theft Act 1968 = "A person is guilty of theft if he dishonestly appropriates property belonging to another with an intention to permanently deprive"

Actus Reus points of theft

1) Appropriation

2) Property

3) Belonging to another

Sections matched with the element

s.2 - dishonest

s.3 - appropiation

s.4 - property

s.5 - belonging to another

s.6 - intention to permanently deprive

Appropriation

s.3 - assuming the rights of the owner

Case - Morris (appropriation)

any interferences with any of the owners rights is enough

Case - Gomez (appropriation)

there must be dishonest appropriation

Section3 (1) - side rule (appropriation)

if d gets property but then decides to keep it - this is a dishonest appropriation

Lawrence - side rule (appropriation)

appropriation occurs even when the owner consents to d taking the property

Hinks - side rule (appropriation)

even a gift can amount to appropriation

property

s4 - four types of property can be stolen under the theft act.

• money

• personal

• intangible

• real

not property

• knowledge (Oxford V Moss)

• electricity

• wild flowers = only property if taken to sell

• wild animals

Belonging to another

S5(1) - property belongs to someone who has possession or control over it, or any right

Turner - side rule (BTA)

owner takes their own property, you can steal your own property if someone else has a right to abandon the property

Basildon - side rule (BTA)

for the owner to abandon property there must be intention to abandon the property

s5(3) Davidge V Bennett - side rule (BTA)

holding money for a particular purpose, must use money for the purpose given

S5(4) AG'S ref (BTA)

recieving property by mistake, the d is under legal obligation to return the money

Mens Rea of theft

dishonesty

intention to permanently deprive

Dishonesty (MR)

no defintion, 3 negatives where d is not dishonest

• s2 (1) (a) = d belives they have a right in law to the property

• s2 (1) (b) = d believes the owner would consent to taking the property

• s2 (1) (c) d believes the owner cannot be discovered by taking reasonable steps

Ghosh Test (dishonesty)

If the d does not fit into the 3 negatives apply the Ghosh test. Was d dishonest by the standards of ordinary, honest and reasonable people? confirmed in Ivy

Intention to permanently deprive (MR)

S6(1) - where the d intends to treat the item "as his own" regardless of owners rights.

Velumyl - side rule (itpd)

intending to replace money, d took £1000 from safe intending to return it. Held = gulty, cannot return exact notes and coins taken

Lloyd - side rule (itpd)

Borrowing property, if the intention was to return the item in a changed state so that the "goodness, the virtue and the value had gone" then d guilty

Easom - side rule (itpd)

conditional intent, the d will only take something if there is something worth stealing - not enough for theft

Robbery Definition

S8 Theft Act 1968 = 'D steals and immediately before or at the time of doing so, and in order to do so, uses force of the threat of force"

Actus reus of robbery points

1) committed a theft

2) force or the threat of force must be used

3) force immediately before or at the time

4) force must be used

AR of robbery point 1

d must of committed a theft = Robinson

AR of robbery point 2

force or the threat of force must be used

Dawson = "force" is given its ordinary meaning - any amount of force is enough

Clouden - side rule (AR P2)

indirect intention, the force applied to a shopping bag when it was snatched amounted to indirect force

B and R v DPP - side rule (AR P2)

threats of force, the threat of force can be expressed or implied and V does not have to actually be in fear, it is enough that d seeks to put v in fear

AR point 3 for robbery

force must be used immediately before or at the time of the theft and it must be connected to the theft

Hale = appropriation is a continuing act and as long as force takes place at some point, d is guilty

AR point 4 for robbery

force must be used in order to steal

Lockley = the appropriation continues therefore the d is guilty if they use force in order to steal

Mens Rea for Robbery

mens rea for theft :

dishonesty - s2

intention to permanently deprive - s6

write in scenario "mr for theft has already been established"

mens rea for robbery:

intention to use force or the threat of force