Theft recap:
1. S.1 of the Theft Act 1968 defines theft
2. Morris, Pitham and Hehl, Lawrence, Hinks - cases on appropriation
3. S.4 defines property
4. Property is something with monetary value - money, real or personal
property, things in action or other intangible property.
5. Wild mushrooms will be considered property if they are growing on land
someone owns and if they are used to make a profit.
6. Turner no.2 confirms that you can steal your own property.
7. Raphael states IPD involves situations where D offers to sell back V’s
property.
8. “When goodness, virtue or practical value is gone” - LLoyd
9. Velumyl had IPD when intending to replace the money because the notes
would have been replaced by different notes.
Robbery:
S.8 Theft act, indictable offence with a maximum custodial sentence is life
imprisonment. Essentially, robbery is theft plus a force. Definition - “If 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 puts or seeks to put any person in fear of being
then and there subjected to force.”
AR: Theft with the use of threat or force on any person before or at the time of
stealing and in order to steal.
MR: MR for theft (dishonesty, intention to permanently deprive), intention to
use force to steal or intention to put in fear of force.
If there are no issues with the theft, just say what has been stolen and at what
point.
1. S.1 of the Theft Act 1968 defines theft
2. Morris, Pitham and Hehl, Lawrence, Hinks - cases on appropriation
3. S.4 defines property
4. Property is something with monetary value - money, real or personal
property, things in action or other intangible property.
5. Wild mushrooms will be considered property if they are growing on land
someone owns and if they are used to make a profit.
6. Turner no.2 confirms that you can steal your own property.
7. Raphael states IPD involves situations where D offers to sell back V’s
property.
8. “When goodness, virtue or practical value is gone” - LLoyd
9. Velumyl had IPD when intending to replace the money because the notes
would have been replaced by different notes.
Robbery:
S.8 Theft act, indictable offence with a maximum custodial sentence is life
imprisonment. Essentially, robbery is theft plus a force. Definition - “If 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 puts or seeks to put any person in fear of being
then and there subjected to force.”
AR: Theft with the use of threat or force on any person before or at the time of
stealing and in order to steal.
MR: MR for theft (dishonesty, intention to permanently deprive), intention to
use force to steal or intention to put in fear of force.
If there are no issues with the theft, just say what has been stolen and at what
point.
