Theft and Robbery

Question 2

Define appropriation

Answer 2

• assuming the right of the owner (R v Morris)

Question 3

What happens in Lawerence

Answer 3

“even when the owner consented”

Question 4

Define property

Answer 4

“money ,real or personal including things in action and other tangible property” (Kelly and Linsey)

Question 5

Define belonging to another.

Answer 5

• defined in section 5 “bemoaning to any person having possession and control

Question 6

What happened in R v Turner

Answer 6

• guilty of stealing his own care

Question 7

What happened in R v Roster

Answer 7

• there is no liability for abandoned property with no identifiable owner

Question 8

What is the obligation / purpose rule

Answer 8

S.5 (3) - If someone gives D property to use for a specific purpose , this property may still legally belong to them , and D is obligated to deal with the property as intended and instructed

Question 9

Mens Rea - dishonesty

Answer 9

• D must have been dishonest , outlines in Ivey and more recently clarified in Booth and Anor

Question 10

Intention to permanently deprive

Answer 10

• D must have the intention to permanently deprive under S 6 which means intention to treat the thing

Question 11

What is the Lockley rule

Answer 11

D using force on security guard after having shoplifted was held to be ongoing theft (continuing act)