Theft

K  Evans
Mind Map by K Evans, updated more than 1 year ago
K  Evans
Created by K Evans almost 5 years ago
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Theft Robbery and Burglary overview
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Theft
1 Theft Act 1968
1.1 s.1 dishonest appropriation of property belonging to another with intention to deprive other of it
1.1.1 s.3 Section 3 – appropriation – any assumption of any of rights of owner with or without consent – McPherson, Lawrence, Morris, Gomez, Hinks
1.1.1.1 Section 4 – property - can be tangible or intangible.
1.1.1.1.1 Section 4(3) – flowers, unless growing wild, are property
1.1.1.1.1.1 Section 5 – belonging to another – ownership, possession or control – Turner
1.1.1.1.1.1.1 Section 5 (4) – legal obligation to restore – AG Ref 1/83
2 Section 2 – dishonesty
2.1 2 (1) (a) – defendant not dishonest if honestly believe they have legal right to property,
2.1.1 2 (1) (b) – defendant not dishonest if honestly believe owner would consent – Holden,
2.1.1.1 2 (1) (c) – defendant not dishonest if honestly believe owner cannot be found having taken reasonable steps – Small; if none of above apply the jury apply common sense view Feely, or Ghosh – was defendant dishonest by standards of reasonable man and, if so, did defendant know dishonest by that standard?
2.1.1.1.1 Section 6 – intention to permanently deprive – to take forever or for period equivalent to outright taking – Lloyd, Velumyl Warner
3 Robbery
3.1 section 8 Theft Act 1968
3.1.1 Actus Reus
3.1.1.1 theft accompanied by use or threat of force before or at time of stealing and in order to steal – Dawson and James, Hale, Lockley
3.1.1.1.1 Offence committed at the time the theft is complete – Corcoran and Anderton
3.1.2 Mens rea
3.1.2.1 intention to steal and intention or recklessness as to force – Robinson
4 Burglarly
4.1 section 9 Theft Act 1968:
4.1.1 Section 9(1)(a) – entry of a building or part of a building as a trespasser with the intention to steal, inflict GBH or cause unlawful damage Jones and Smith
4.1.2 Section 9(1)(b) – having entered as a trespasser the defendant commits or attempts to commit theft or GBH.
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