property offences

Cards (39)

  • What are the three types of property offences mentioned?
    Theft, robbery, and burglary
  • What is the actus reus of theft according to the Theft Act 1968?
    • The appropriation of property belonging to another
    • The intention to permanently deprive the owner of it, dishonest
  • What case established that confidential information is not considered property?

    Oxford v Moss
  • What does the case of Hinks illustrate about theft?

    It shows taking advantage of a vulnerable person can constitute theft
  • What does the case of Marshall involve regarding purchased rights?
    Going beyond purchased rights (train ticket) is theft
  • What does the case of Turner No 2 address regarding possession?
    Proprietary interest (whoever is in possession)
  • In Williams v Philips, what was determined about rubbish left out?

    It belongs to the council
  • What are the key elements of mens rea in theft?
    • The intention to permanently deprive the owner
    • Conduct must be dishonest by standards of ordinary decent people
  • What does the case Robinson illustrate about honest mistakes in theft?

    An alleged honest mistake is not theft
  • What was the ruling in Barton & Booth regarding conduct?
    Conduct was dishonest by standards of ordinary decent people
  • What does the case of Velumyl state about returning property?

    Must return the exact same thing
  • What is the significance of DPP v Lavender in relation to theft?

    It emphasizes the intention to permanently deprive the owner
  • What does the case of Lloyd state about the state of property in theft?

    Property must be in the same state
  • What does the case of rapheal illustrate about intention in theft?
    Intention to sell as their own
  • What do the cases of Mohan, Woollin, and Matthews discuss regarding intention?

    They discuss direct and indirect intention
  • Which legislation governs robbery in the UK?

    Theft Act 1968
  • What does P v DPP stand for in the context of robbery?

    • P v DPP means physical contact must occur
  • What does the case Corcoran v Anderton indicate about robbery?

    It shows that the act does not need to be complete for robbery to occur
  • What is the significance of the case Robinson in relation to robbery?

    It establishes principles regarding the actus reus of robbery
  • What does Dawson & James clarify about the nature of force in robbery?

    Force does not need to be violent but must be noticeable
  • What principle does Clouden establish regarding the application of force in robbery?

    Force can only be applied to property, not the victim
  • What does B&R v DPP state about the victim's feelings during a robbery?

    The victim does not have to be frightened; mere sound is sufficient
  • What does the case Hale indicate about the use of force in robbery?

    Force and threat can be used during the commission of robbery
  • What does Lockley establish about the timing of force in robbery?

    Force can occur during escape and does not need to be simultaneous
  • What do Mohan, Woollin, and Matthews have in common regarding mens rea?
    They all relate to direct and indirect intention
  • What are the actus reus requirements for burglary under the Theft Act 1968?
    • Effective entry is required (Collins)
    • Whole body is not necessary (Brown)
    • Entry must be effective (Ryan)
    • A structure of considerable size is needed (B&S v Leathley)
    • Movable things with wheels are not part of a building (Norfolk v Gould)
    • Trespassing occurs when leaving the allowed area (Walkington)
    • Going beyond permission is considered trespassing (Smith & Jones)
  • What does the case Collins state about burglary?

    Effective entry is required for a burglary to occur
  • What does the case Brown clarify about the requirements for entry in burglary?

    Whole body is not necessary for entry
  • What does the case Ryan indicate about the nature of entry in burglary?

    Entry must be effective to constitute burglary
  • What does B&S v Leathley state regarding structures in burglary?

    A structure of considerable size is required for burglary
  • What does Norfolk v Gould clarify about movable objects in relation to burglary?

    Movable things with wheels are not considered part of a building
  • What does Walkington indicate about trespassing in burglary?

    Trespassing occurs when leaving the area you are allowed in
  • What does Smith & Jones state about permission in burglary?

    Going beyond permission is considered trespassing
  • What do Mohan, Woollin, and Matthews have in common regarding mens rea in burglary?
    They all relate to direct and indirect intention
  • What is the mens rea in the context of burglary?
    Intent to commit the crime
  • what does the case of Easom show?

    conditional intention is not sufficient for theft
  • Davidge v Bennett
    when given money by another person, it should be spent as per the wishes of the giver
  • what is the Mens rea and Actus reus of Burglary s9(1a) Theft Act 1968?

    AR- entering any building or part of a building as a trespasser
    MR- On entry have intention to steal (or attempt) GBH (or attempt) or cause unlawful damage to the building
  • what is the Mens Rea and Actus Reus of Burglary s9(1b) Theft Act 1968?
    AR- entering any building or part of a building as a trespasser and attempting to steal, or steal or inflicts GBH (or attempts to)
    MR- intention or recklessness as to trespass and intention to steal or intention to cause GBH when trespassing