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13 Cards in this Set

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Theft Act 1968

Statutory

Act

Theft- belonging to another (s5) (AR)

• From owner, possessor or controller (Woodman) (Turner).


• Abandoned property does not 'belong to another' (Small).


• Lost property still belongs to the owner and can be stolen (Rostron & Collins).


• Joint ownership can be stolen from the other partner.


• s5 (3) property received under an obligation (Davidge v Bunnett).


• s5 (4) property received by mistake (Davis).

W T S R&C DvB D

Theft- property (s4) (AR)

• Money includes notes, coins, foreign currency (Velumyl).


• Real property means land ('real estate').


• Personal property, includes body parts (Kelly & Lindsay).


• Things in action (intangible property).


• Confidential information can't be stolen (Oxford v Moss).

V K&L OvM

Theft- appropriation (s3) (AR)

• 'Any assumption by a person of the rights of the owner amounts to an appropriation and includes coming by the property without stealing it, any later assumption of a right to it by dealing with it as owner'.


• Doing something with the property only the owner has a legal right to do (Morris).


• Continuing acts mean any further dealing can't amount to appropriation.


• A D can be convicted even if the owner consented to the appropriation (Gomez) (Lawrence).

M G L

Theft- dishonesty (s2) (MR)

• 3 situations where D is not dishonest:


1) D believes he has a legal right to the property (Wootten) (Holden).


2) D believes owner would've consented (Flyn).


3) D believes O, P, C can't be found (Small).


• Where exceptions don't apply, the Ghosh test is used:


A) Do the jury think D was dishonest according to the standards of ordinary, reasonable, honest people? (objective).


B) Did D realise himself he was dishonest by those standards? (subjective).

W H F S G

Robbery (s8)

• Guilty if he steals, and immediately before or at the time of doing so, in order to do, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

Definition

Robbery- actus reus

• Theft must be committed (Zerei) (Corcoran v Anderton).


• Force must either be used or threatened against a person (Clouden) (Bentham).


• The force or threat must be in order to steal (Hale) (Lockley).

Z CvA C B H L

Theft- intention to permanently deprive (s6) (MR)

• Intends to treat property as his own, to dispose of regardless of the other's rights for a period and in circumstances that make it equivalent to an outright taking (Chan Man Sin) (Lloyd) (DPP Lavender) (Fernandes).


• s6 (2) under a condition to its return which he may not be able to perform (Easom).

CMS L DPPvL F E

Robbery- mens rea

• D must intend to use or threaten to use force.

Force

Burglary (s9)

• s9 (1) (a) Guilty of burglary if he enters any building (or part thereof) as a trespasser with intent to commit theft, GBH or criminal damage.


• s9 (1) (b) Guilty of burglary if, having entered any building (or part thereof) as a trespasser, he steals or attempts to steal, or inflicts GBH or attempts to do so on any person therein.

s9 (1) (a), s9 (1) (b)

Burglary- difference between sub-sections

• s9 (1) (a) is only intent, and at the point of entry. Don't need to show it was actually carried out.


• s9 (1) (b) theft must actually be committed or attempted. Doesn't need to be at point of entry either.


• s9 (1) (a) includes criminal damage as an ulterior offence, but s9 (1) (b) doesn't.


• May be liable of both offences but can only be convicted of one.

Point of entry, ulterior, committed

Burglary- actus reus

• Entry- used to be 'substantial and effective' (Collins). Simply requires an entry now (Ryan).


• Trespasser- person who has no authority to be on land or in a building. For s9 (1) (a) must be at point of entry (Laing). Exceeding permission may also be trespassing (Jones & Smith).


• Building (or part thereof)- not defined though the structure must be fairly permanent. Inhabited vehicles are buildings (Leathley) (Seekings & Gould). May only have permission to be in part of a building, not all.

C R L J&S L S&G

Burglary- mens rea

• D must trespass intentionally or recklessly (subjective).


• For s9 (1) (a) D must have further 'ulterior' intent at the point of entry, conditional intent is not enough.


• For s9 (1) (b) D must have MR of theft or GBH (or attempted mens rea's).

Ulterior, intent, reckless