Exam (elaborations)
Property Offences
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Exam of 5 pages for the course tets at tets (Property Offences)
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Property OffencesTheft - ANS-Theft is governed under Section 1 of the Theft Act 1968. It's the Dishonest
appropriation of property belonging to another with the intention to permanently deprive.
Appropriation S3 - ANS-Any assumption of the rights of the owner
R v Morris
Property S4 - ANS-Property is defined as 'money and all other property, real or
personal, including things in action and other intangible property.
Examples; stocks, shares, body parts, bank accounts, things on land.
Oxford and Moss
Belonging to Another S5 - ANS-Property belongs to another when they have ownership,
possession and control of the item before it was taken.
S5 - ownership, possession and control: Turner (1971)
Belonging to Another - ANS-S5(3) - If you are given money/ property for a specific
reason and don't Dow what is asked you are still stealing PBA.
S5(4) - If you are given money/ property you mistake you are still stealing PBA as you
have a duty to return it.
Abandoned property - if the property is abandoned then it cannot be stolen but if it is
lost then it can.
Dishonesty S2 - ANS-2.1.a - appropriates property believing he has the right to deprive
the other of it.
2.1.b - believes he would have the other persons consent if the other person knew of
the appropriation.
2.1.c - believes that the person to whom the property belongs cannot be discovered by
taking reasonable step.
, Barton Test: D's knowledge or belief (state of mind relevant), would the ordinary
reasonable person see their actions/ conduct as dishonest.
Intent to Permanently Deprive (ITPD) S6 - ANS-Generally - D deprives the V of the item
forever.
Money - D doesn't return exact notes and coins. (Velumyl).
If borrowed - when returned it has been wholly diminished. (Lloyd).
R v Morris - ANS-Switched price labels in supermarket for cheaper stuff.
POL: need not be an appropriation of all the rights of an owner.
Oxford and Moss - ANS-Took an exam paper with the intention of returning it. Took the
information to cheat.
NG as the confidential information did not amount to property.
Velumyl - ANS-Took money from office safe with intent to replace. Couldn't replace
actual banknotes that were taken
Guilty of theft.
Lloyd - ANS-D took a cinema real home to. Copy and returned it before the next
showing.
NG of theft as it had not been wholly diminished in value therefore there was no intent
to permanently deprive under S6.
Robbery - ANS-'He steals, and immediately before or at the time of doing so, and in
order to do so he uses force on any person or seeks to put any person in fear of being
subjected to force.'
Robbery is split into 5 areas; Theft; Force; Timing; Purpose; MR
Theft - Robbery - ANS-All 5 elements of theft need to be established.
If one element is missing there is no theft, so no robbery. (Corcoran v Anderton)
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