Crime theft and robbery

Crime theft and robbery.

Theft Act 1968 section 1

Theft Act 1968 section 1

dishonestly appropriates property belonging to another with intent to permanently deprive the other.

Theft Act 1968 section 3, appropriation

assumption of rights of the owner (R v Vinall)

Theft Act 1968 section 4, property

(R v Kelly and Lindsey)

not property- knowledge, (Oxford and Moss)

wild plants cannot be stolen.

Theft Act 1968 section 5, belonging to another

victim must have possession or control over the property. (R v Turner)

Theft Act 1968 section 2, dishonesty

2 questions, objective and subjective.

first established in (R v Gosh) however updated in (R v Barton and Booth)

Exactly what did D do and believe at the time?

Ordinary person would find this dishonest and why?

Theft Act 1968 section 6, intention to permanently deprive

(R v Lloyd)- lost goodness, virtue and practical value. 

(R v Velumyl)- cash cant be replaced.

Theft Act 1968 section 8, robbery

Evidence of someone using violence or fear of violence in order to steal it becomes robbery.(R v Zerei). Now need actus reus and mens rea, mens rea same as theft., except with fear of violence

Robbery actus reus

Actus reus- violence or fear of violence at the time of theft (R v Dawson and James)

Force immediately before or during time  (R v Lockley)