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Where is theft definition found? |
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Name the three actus reus elements of theft |
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1. Appropriation 2. Property 3. Belonging to another |
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Name the remaining two mens rea elements of theft |
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4. Dishonesty 5. Intention to permanently deprive |
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• Appropriation is defined in: |
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• Appropriation replaced “take and carry away” from: |
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• Appropriation is satisfied by the assumption of any of the rights rather than all the rights of ownership. So someone who moves an item in a store near the back exit with intent to come back and steal it later, has already committed the actus reus of theft. See: |
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Dishonest appropriation can still take place even with the owners consent. Name three cases where this is highlighted. |
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Lawrence v MPC [1972]--consent
DPP v Gomez [1993]--consent
R v Hinks [2001]--Gift |
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• Property definition is located in |
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• Confidential information cannot be stolen. Name the case where this is highlighted. |
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Oxford v Moss [1979]— use this case if there is a prob question where someone looks at test answers or something |
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• Belonging to another definition located in |
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• A person can steal their own property, if another party has possession of it. For example, if I take my car to a garage for work, and then take my car without paying for the work, I can be guilty of theft of the car as was the case in |
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Definition
R v Turner (No. 2) [1971] |
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Before resorting to Ghosh test, what three elements of dishonesty must be ascertained? |
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Definition
1. Was the D legally entitled to take the property? 2. Would the owner agree with D taking the property if they knew? 3. Could the owner not be found by taking reasonable steps? |
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• Dishonesty regarding theft is set out in |
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• If none of the situations in s. 2(1) apply, a jury must use Ghosh test to determine dishonesty. Name the Ghosh case citation. |
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Describe (verbatim) the Ghosh test: |
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➢ A jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. ➢ If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realized that what he was doing was by those standards dishonest. |
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• Intention to permanently deprive is set out in |
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• Borrowing something and returning it in a state where its goodness and virtue are gone can amount to theft. Name the case where this is highlighted: |
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• Robbery definition found in |
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+ force or threat of force |
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• There are 6 total elements of robbery. How many actus reus and how many mens rea? |
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4 actus reus and 2 mens rea |
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• There are 5 total elements of theft, how many actus reus and how many mens rea? |
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3 actus reus and 2 mens rea |
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Name the 4 actus reus elements of Robbery. |
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Definition
1. AR elements of theft 2. Force or fear of force 3. Any person 4. Immediately before or at the time of |
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Name the additional two mens rea elements of robbery |
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Definition
5. MR elements of theft 6. Intention to use force |
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1. The AR elements of theft + • AR and MR of theft must be proved before establishing force for robbery. In other words, a robber must be shown to be guilty of theft. See: |
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• A simple nudge was taken to amount to force. See: |
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• Force may be applied to a person or their property e.g. grabbing a purse out of someone’s hand without touching them. See: |
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True or False: It is not robbery if the force is used simply to make a getaway. The force must be used at the time or immediately before. |
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True or False: To qualify for robbery force must be used on the property's owner. |
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Definition
False.
Force need not be exercised on the owner of the property. If it were, it would be too narrow a definition and exclude bank robbers etc. |
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Force can be used after theft and sometimes be seen as a continuation of appropriation, which would amount to robbery. • The duration of appropriation is a question of fact for the jury. See: |
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• AR and MR of theft must be proved before establishing force for robbery. In other words, a robber must be shown to be guilty of theft. See: |
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. Intentional use of force • Intention does not have a special legal definition and juries are to interpret it in a standard manner. See |
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• Burglary definition found in |
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Burglary can be aggravated by: |
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Using weapons, or entering inhabited dwellings |
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• There are six elements of burglary, how many actus reus and how many mens rea? |
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4 Actus reus and 2 mens rea |
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Name the 4 actus reus elements of Burglary |
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Definition
1. Entry, 2. Building (or part of), 3. Trespasser, 4. Actual offence from s. 9 (1) (b)-- theft or causing GBH |
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Name the 2 additional mens rea elements of Burglary |
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Definition
5. Intention/recklessness as to trespass, 6. Intention to commit an offense from 9 (2)—stealing, inflicting GBH, or doing unlawful damage |
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For burglary, • Partial entry satisfies entry element. See: |
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• Section 9(4) specifies that inhabited vehicles or vessels are within the meaning of building. • Other structures are judged according to whether they are of sufficient size and permanence. See: |
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o Stevens v Gourley (1859) |
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• Separate areas in a building may be deemed as trespassable, e.g. bedrooms or staff only areas of a store. See: |
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• To be a trespasser, the D must enter without the knowledge or permission of the owner. • If D enters with permission, which D knows is under false pretenses then D will still be a trespasser. See: |
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• D can enter with permission, and still “act in excess of permission” which still qualifies D as a trespasser. See: |
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Definition
R v Jones and Smith [1976] |
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• Trespass alone is a tort and not a criminal offense. NB do not say that exam that a D might be guilty of the crime of trespass |
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actual offenses from s.9(b): |
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Definition
• The D must steal or attempt to steal, or must commit GBH or attempt to commit GBH. |
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Describe (verbatim) the test for recklessness: |
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“was the defendant aware that there was a risk that his or her conduct would cause a particular result, AND was the risk unreasonable” |
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• Recklessness is based on a subjective test. Name the two cases where it evolved. |
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Definition
o R v Cunningham [1957]
o R v G and R [2003] |
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Name offenses from s. 9 (2) |
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Definition
stealing, GBH, and unlawful damage |
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Name the actus reus of GBH |
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Definition
wounding or inflicting GBH |
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Intention or recklessness as to the wound or infliction of GBH. |
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o GBH means “really serious harm”. See: |
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o GBH can include psychiatric injury. See: |
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o Definition of wound is breaking both layers of skin. See: |
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State actus reus for unlawful or criminal damage |
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Destruction or damage, to property, belonging to another, without lawful excuse. |
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State mens rea of unlawful or criminal damage |
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Intention or recklessness to destruction or damage to property belonging to another without lawful excuse. |
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True or False: Property definition as pertaining to criminal damage is the same as theft. |
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Definition
False.
Property definition is same as property definition in theft except for two differences. A person cannot destroy intangible property (credit balance) and a person can destroy land. |
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