Property Offences

Front 1

What are the actus reus and mens rea of theft?

Back 1

Theft Act s1

AR:

1) Appropriation

2) of Property

3) Belonging to another

MR:

1) Dishonesty

2) Intention to permanently deprive

Front 2

Appropriating any of the rights of an owner will amount to an appropriation. Give the name and facts of the case that shows this.

Back 2

Morris

D swapped labels on goods in store so he could pay lower price. Held to have appropriated the rights of the owners to label their own goods.

Front 3

Which case involved an employee borrowing money from the company safe, and what was the judgment in that case?

Back 3

Velumyl

Because the exact notes were not returned, D's actions amounted to intention to permanently deprive.

Front 4

What is the name of the case involving an employee borrowing films from a theatre and copying them before returning them? What is the judgment in that case?

Back 4

Lloyd

Because D only removed some of the value from the films, rather than all of it, there was no intention to permanently deprive.

Front 5

Which case shows that a conditional intention to steal will still constitute intention to permanently deprive?

Back 5

AG's References (Nos 1 and 2 of 1979)

Front 6

Which case gives us the test for dishonesty in theft? What is the test?

Back 6

Gauche

2-part test:

1) D's act was dishonest according to the standard of reasonable people (objective), AND

2) D realized at that point that the conduct would be seen as dishonest according to that standard

Front 7

What are the elements of Robbery?

Back 7

Base offence of theft, AND

AR:

1) Use or threat of force

2) On any person

3) Immediately before or at the time of stealing

MR: Intention to use force or threat of force in order to steal

Front 8

There must be direct force inflicted against V for it to count as use of force in burglary. Which case illustrates this?

Back 8

P v DPP

D snatched cigarette from V's hand. Theft but not burglary.

Front 9

The requirement that the force be "immediately before" the theft has been interpreted widely, and courts are willing to recognize the whole as one continuous act. Which case shows this?

Back 9

Hale

D1 and D2 broke into V's house. D1 stole jewellery while D2 tied up V. Even though the theft may have occurred first, was still held to be a robbery.

Front 10

Where D attacks V with no intention to steal but then takes the opportunity created by the attack to do so, this will NOT satisfy the mens rea of robbery. Which case illustrates this?

Back 10

James

Front 11

What are the two types of burglary?

Back 11

s9(1)(a): Intent version

s9(1)(b): Commission version

Front 12

What are the AR and MR of burglary?

Back 12

AR:

1) D entered

2) As a trespasser

3) Any part of a building

MR:

1) D has intent or recklessness to trespass

2) EITHER

a) [Intent version] D entered with intention to commit theft, GBH, or unlawful damage, OR

b) [Commission version] After entering as a trespasser, D attempted or committed theft or GBH

Front 13

So long as D enters the building with any part of his body, this will still count as entry. Give the name and facts of the case that shows this.

Back 13

Ryan

D got head and arm jammed in window. Held to have entered.

Front 14

Though D may have permission to enter a building, he is still a trespasser if his entry exceeds the permission granted. Give the name and facts of the case that shows this.

Back 14

R v Jones and Smith

D had a general permission to enter his father's house. D and his friend entered his father's house to steal. Held to have trespassed because this exceeded his permission.