THEFT & ROBBERY

Question 1

Define theft

What statute and section is it from?

Answer 1

The Theft Act 1968 s.1 - Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.

Question 2

What is the AR of theft?

With sections

Answer 2

Appropriation (S.3) of property (s.4) belonging to another (s.5)

Question 3

What does s.3 define? Explain

Answer 3

Appropriation - Any assumption of the rights of the owner, including taking, breaking, disposing and selling

Question 4

Morris

Answer 4

There does not have to be an assumption of all rights of the owner. Assumption of any rights of the owner will suffice.

Standard example

Question 5

Gomez

Answer 5

An appropriation does not need absence of consent. It is still appropriation if the V consents but is being deceived.

Question 6

Hinks

Answer 6

It can still be a dishonest appropriation if it is a gift

Question 7

What does s.4 define? Explain

Answer 7

Property - money and all other things real and personal

Question 8

5 things

What does s.4(1) define? Explain.

Answer 8

Types of property:
- Money
- Real property (buildings)
- Personal property (things that belong to someone and are moveable and can touch)
- Intangible property (cannot hold e.g. shares)
- A thing in action e.g. debt

Question 9

s.4(2)(b)

Answer 9

If you sever something from someone’s land this can be property

Question 10

What cannot be stolen?

Use cases

Answer 10

• Wild flowers/fruit, unless for sale + commercial purposes
• Knowledge (Oxford v Moss)

Question 11

What does s.5 define? Explain

Answer 11

Belonging to another - Property belongs to anyone who has posession or control or proprietary interest

Question 12

Turner

Answer 12

Can steal own property if in someone else’s posession or control

Question 13

Woodman

Answer 13

Can be in possession and control and not know it

Question 14

Davidge v Bunnet

Answer 14

If you have property in possession and control under an obligation then it belongs to the person who gave it to you

Question 15

Webster

Answer 15

If you get something by mistake, the person who sent it has proprietary interest

Question 16

Williams v Phillips

Answer 16

Abandoned property belongs to whoever removes it

Question 17

What section and case defines obligation?

(Belonging to another)

Answer 17

s.5(3) - Davidge v Bunnett

Question 18

What section and case defines mistake?

(Belonging to another)

Answer 18

s.5(4) -Webster

Question 19

What is the MR of theft?

With statutes

Answer 19

Dishonesty (s.2) & Intention to permanently deprive (s.6)

Question 20

What does s.2 define? Explain

Answer 20

Dishonesty - s.2 defines situations when honest:
- Believing you have a right to appropriate
- Believing the owner would consent
- Believing you cannot find the owner even if taken reasonable steps to find them

Question 21

What is the test for dishonesty?

With cases

Answer 21

Ivey test as confirmed in Barton and Booth - ‘Was D dishonest by the ordinary standards of honest and reasonable people?’

Objective test

Question 22

What does s.6 define?

Answer 22

Intention to permanently deprive

Question 23

s.6(1)

Answer 23

Treating the property as your own to dispose of regardless of the other’s rights and borrowing is equivalent to an outright disposal.

Question 24

Lloyd

Answer 24

Borrowing is not theft unless the property is returned with its ‘goodness and virtue’ gone

Question 25

***DPP v J***

Answer 25

Taking, breaking and returning is outright disposal

Question 26

***Velumyl***

Answer 26

Taking money, spending and returning the same value is permanent deprivation of that money

Question 27

***Lavender***

Answer 27

*Depriving the owner of their right* to treat the property as their own is IPD.

Question 28

***Easom***

Answer 28

*Conditional intent* to steal is not theft

Question 29

***Raphael***

Answer 29

*Ransom* is IPD as the D intends to PD the V of something.

Question 30

Define robbery | Mention statute and section

Answer 30

***s.8*** of ***The Theft Act 1968*** - Using force/fear of force before/at the time of the theft in order to steal ## Footnote Indictable offence, always tried in Crown Court with max sentence of life imprisonment

Question 31

What has to be proven first for a robbery conviction? | Case

Answer 31

***R v Robinson*** - All elements of theft have to be proven otherwise there is no robbery

Question 32

What does ***s.8*** define? Explain | Mention case

Answer 32

*Force or fear of force* - force can be minor or indirect. V doesn't need to apprehend violence, D only has to seek to put any person in fear of being subjected to force ***R v Clouden*** - Jury decides on what amounts to force

Question 33

***Hale***

Answer 33

Force must be used *before/at the time of theft* ## Footnote If force comes after theft, treat the theft as a continuing act.

Question 34

Name the elements of robbery, with statutes

Answer 34

*Theft - **s.2, s.3, s.4, s.5, s.6*** ***s.8**: Force/fear of force Before/At the time of the theft In order to steal Intention for threat/use of force*

Question 35

What is the AR of robbery?

Answer 35

Force/fear of force before or at the time of the theft in order to steal

Question 36

MR of robbery with case

Answer 36

*Intention for threat or use of force in order to steal - **Lockley***