Law paper 2

• Theft


  Dishonest appropriation of property belonging to another with the intention to permanently deprive
• Theft (S.1)


  • Appropriation (s. 3)
  • Property (s.4)
  • Belonging to another (3.5)
  • Dishonesty (s. 2)
  • Intent to deprive (s. 6)
• Appropriation 


  - 'assuming the rights of the owner'

  S.(3)2. Includes keeping property, dealing with it as an owner, even if it came by that property honestly
• Case - R v Morris (appropriation) 


  • Guilty of theft as he swapped store labels which is assuming the rights of the owner
• Property


  Money and all other property, real or personal, including things in actions and all other intangible property. Not property 1. empty land, wild flowers(not for sale), wild creatures( unless owned)
• Case - Oxford v Moss (property) 


  • Moss obtained a copy of answers of an upcoming test, but confidential information could not amount to intangible property
• Belonging to another


  • If you're given money for a specific reason and don't do what you're asked
  • If you're given money by mistake, you are still stealing (excludes bookies giving money out by mistake)
• Case - Turner (1971) (belonging to another)


  • Guilty, although A had ownership, PBA under s s the garage had possession and control of it
• Dishonesty


  • If he appropriates the property in the belief that he is given the right to deprive the other of it
  • If he appropriates property in belief that the other would consent
  • If he appropriates property and believes that the owner has already lost or abandoned it
• Case - Barton and Booth (2020) (dishonesty) 


  • This case established a 2 part test: 1. Taking into account D's knowledge and belief 2. Would the ORP see D's actions as Dishonest
• Intent to deprive


  • D deprives the V of the item forever
  • Money - D doesn't return exact notes and coins
  • If borrowed - returned wholly diminished
• Case - Lloyd (1985) (intent to deprive)


  • Not guilty of theft as property was not wholly diminished
• Robbery


  Governed under s.8 of the Theft Act 1968
• D is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, use force on any person or seems to put any person in fear of being subjected to force
• 5 areas of robbery

  • Theft
  • Force
  • Timing
  • Purpose
  • Mens Rea
• Theft


  • All 5 criteria of theft must be completed
• Corcoran v Anderton


  • Guilty of robbery, appropriation had taken place-grabbing
• Force


  D must have used force or threatened force, force must be enough to modify V's movement, force/threat can be against anyone
• R v Jones


  • Force is the ordinary word, so jury was entitled to find that force had been used
• Timing


  The force must be immediately before or at the time of the theft, theft is classed to be continuing whilst D is still in the building
• R v Hale


  • Theft is a continuing act that was still when she was tied up