Summary notes for property offences for aqa A-level law
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A-level Law - Unit Two: Property Offences
Summary Notes
Theft Robbery
Definition Statutory Offence- Theft is the dishonest appropriation of property Statutory Offence- Theft with the use of force or the threat of
belonging to another with the intention to permanently deprive the force s.8 Theft Act 1968
other of it s.1 Theft Act 1968
Actus Reus Appropriation- (s.3) Where D assumes the rights of the owner AR of theft- Appropriation (s.3)- Assuming rights of the owner
(Morris) (Morris)/ Property (s.4)- Personal (Kelly and Lindsey), real,
Property- (s.4) Money: Physical cash, Real: Lands and buildings, money, things in action, other intangible property (Oxford v
Personal: Any moveable item (Kelly and Lindsey), Things in Moss)/ Belonging to another (s.5)- possession and control
action: rights possessed by a person (passport), Other intangible (Turner no 2), proprietary rights and interest (Webster)
property: no physical presence but can be stolen (patent) (Oxford Theft must be complete (Zerei)
v Moss) Force or Threat of Force- (s.8(1))Force must be used to steal
Belonging to another- (s.5) Possession and control (Turner no (Dawson and James) and threat must be on any person
2) or proprietary right and interest (Webster) Possession and (Clouden)
control does not have to be lawful V does not have to be frightened (B & R v DPP)
Force must be used immediately before or at time of theft (Hale)
Mens Rea Dishonesty- (s.2) Ghosh test- 1- was D’s behaviour dishonest by MR of theft- Dishonesty- Ghosh Test (Ivey)/ Intention to
the standard of reasonable and honest people? 2- Was D aware permanently deprive
that his behaviour was classed as dishonest by reasonable and - s.6(1)(a)- Deprive the item (Velumyl)
honest people? Ivey (2017) removed 2nd limb of Ghosh test - s.6(1)(b)- Borrow and failed to return (Lloyd)
Circumstances when not considered dishonest- (s2(1)) 1- An Intention to use force to steal- Force must be used in order to
honest belief that he/she had a legal right to deprive the other steal
person of the property/ 2- An honest belief that the owner would
give their consent/ 3- An honest belief that the owner cannot be
found after having taken reasonable steps to find them
Intention to permanently deprive(s.6)-(s.6(1)(a)Intention to treat
the item as their own regardless of the owner's rights (Velumyl)
(s.6(1)(b) Borrowed the item and failed to return it (Lloyd)
Conditional Intent- Want to commit theft but not successful
would be not guilty (Easom)
Maximum 7 Years Imprisonment Discretionary life sentence
Sentence
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