Theft Act 1968 Chapter 9

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Questions and Answers

What type of property is land considered as?

  • Things in action
  • Personal property
  • Real property (correct)
  • Intangible property

What is the category of intangible property that is most commonly associated with bank accounts?

  • Personal property
  • Things in action (correct)
  • Real property
  • Other intangible property

What is stolen when D dishonestly causes the bank to transfer funds from V's account?

  • Physical money
  • A thing in action (correct)
  • V's right to sue the bank
  • V's right to the bank account

What type of property is created when V is tricked into writing a cheque in D's favour?

<p>A new item of property that belongs to D (B)</p> Signup and view all the answers

What is the main difference between real property and personal property?

<p>Real property is land, while personal property is not land (B)</p> Signup and view all the answers

Can D be liable for theft of illegal or prohibited property?

<p>Yes, regardless of the legality of the property (A)</p> Signup and view all the answers

What is the maximum penalty for theft according to the Theft Act 1968?

<p>7yrs imprisonment (B)</p> Signup and view all the answers

What is required to prove liability in a theft case?

<p>All elements to have coincided (D)</p> Signup and view all the answers

What is the implication of assuming the rights of an owner?

<p>It amounts to an appropriation (D)</p> Signup and view all the answers

What happens if the defendant assumes certain ownership rights, but not others?

<p>It is an appropriation (B)</p> Signup and view all the answers

How many separate acts of appropriation can occur in a single event?

<p>Two or more (D)</p> Signup and view all the answers

What is the significance of the case of Morris?

<p>It confirms that the assumption of any one property right is sufficient to find appropriation (C)</p> Signup and view all the answers

What is the difference between appropriation with consent and non-consensual appropriation?

<p>The Theft Act 1968 differentiates between the two (C)</p> Signup and view all the answers

What is the significance of the case of Gomez?

<p>It confirms that Vs consent or non-consent is irrelevant (D)</p> Signup and view all the answers

What is the exception to appropriation under section 3(2) of the Theft Act 1968?

<p>The bona fide purchaser exception (A)</p> Signup and view all the answers

What is an exception to the definition of property in the Theft Act 1968?

<p>Wild mushrooms and flowers (A)</p> Signup and view all the answers

What is not considered property for the purpose of theft?

<p>Electricity (D)</p> Signup and view all the answers

What is the distinction between Hinks and Gomez?

<p>Hinks involved a full and valid transfer of property in civil law (B)</p> Signup and view all the answers

Under what circumstances can a tenant be guilty of theft?

<p>If they appropriate a fixture or structure from the land (A)</p> Signup and view all the answers

What is not an exception to the definition of property in the Theft Act 1968?

<p>A plot of land owned by the thief (D)</p> Signup and view all the answers

What type of information is not considered property in the context of theft?

<p>All of the above (D)</p> Signup and view all the answers

What is essential to demonstrate in the context of theft?

<p>That the property belonged to another at the point of appropriation (B)</p> Signup and view all the answers

What is a key factor in determining whether D's intention amounts to an intention permanently to deprive?

<p>The risk of not returning the property (A)</p> Signup and view all the answers

What is required for D to be considered dishonest?

<p>D must not honestly believe that V would consent (B)</p> Signup and view all the answers

What is evaluated in the second step of the test for dishonesty?

<p>D's conduct (D)</p> Signup and view all the answers

What case helped establish the test for dishonesty?

<p>Ivey v. Genting Casinos (C)</p> Signup and view all the answers

What is not a consideration in determining D's dishonesty?

<p>The possibility of returning the property (A)</p> Signup and view all the answers

What is essential for D to avoid being dishonest?

<p>D must honestly believe V would consent (A)</p> Signup and view all the answers

What is necessary for V to possess a property?

<p>V has to intend to control or possess the property and maintain some degree of control over it (B)</p> Signup and view all the answers

What determines the proprietary interest of a property?

<p>Civil law rules of ownership (B)</p> Signup and view all the answers

In what scenario would D be taking property of another under section 5(2)?

<p>Where D is a trustee and dishonestly appropriates from that trust (D)</p> Signup and view all the answers

What is required for D to be under a legal duty to deal with the property in a particular way under section 5(3)?

<p>D must have been given the property for a particular purpose (B)</p> Signup and view all the answers

What happens to property that is abandoned by V?

<p>It becomes ownerless and cannot be subject to theft (C)</p> Signup and view all the answers

What is the ulterior mens rea element required for theft?

<p>An intention to permanently deprive V of the property (B)</p> Signup and view all the answers

What is clarified by section 6(1) of the TA 1968?

<p>What it means to intend to permanently deprive (C)</p> Signup and view all the answers

What is necessary for D to be guilty of theft under section 5(1)?

<p>D must have dishonestly taken the property of another (A)</p> Signup and view all the answers

What is the relevance of section 5(5) to the concept of theft?

<p>It establishes that a legal person can own property (C)</p> Signup and view all the answers

What is the significance of the fact that D receives property by mistake under section 5(4)?

<p>V retains some equitable proprietary ownership (C)</p> Signup and view all the answers

What is the minimum requirement for D to be guilty of burglary under s91b?

<p>D must commit the offence of theft, attempted theft, GBH, or attempted GBH (C)</p> Signup and view all the answers

What is the difference between s91a and s91b burglary?

<p>s91a is for entry with intent, s91b is for entry without intent (A)</p> Signup and view all the answers

What is required for aggravated burglary under s10 of the TA 1968?

<p>D must commit burglary with the use of a listed weapon (A)</p> Signup and view all the answers

When does D commit s9(1)a burglary?

<p>When D enters the building as a trespasser (C)</p> Signup and view all the answers

What is the maximum sentence for aggravated burglary on indictment?

<p>Life imprisonment (C)</p> Signup and view all the answers

What is the requirement for possession of a weapon in aggravated burglary?

<p>D must be in control of the weapon and be aware of it (D)</p> Signup and view all the answers

What is the offence of handling stolen goods under s22 of the TA 1968?

<p>Receiving stolen goods with the knowledge that they are stolen (A)</p> Signup and view all the answers

What is the maximum sentence for handling stolen goods on indictment?

<p>14 years imprisonment (A)</p> Signup and view all the answers

When does D commit s9(1)b burglary?

<p>When D commits theft, a GBH offence, or attempts either (D)</p> Signup and view all the answers

What is the significance of s10(1)b in aggravated burglary?

<p>It extends to incapacitation (B)</p> Signup and view all the answers

What is the primary benefit of subordinating D's subjective beliefs in prosecutions?

<p>To make prosecutions more straightforward (A)</p> Signup and view all the answers

What is a required element of the offence of robbery?

<p>Theft and force or the threat of force (C)</p> Signup and view all the answers

How can the requirement of force be satisfied in robbery?

<p>Through any one of the three ways: actual application of force, causing an apprehension that force will be used, or seeking to cause the apprehension that force will be used (D)</p> Signup and view all the answers

What is the minimum level of force required for robbery?

<p>More than negligible force (D)</p> Signup and view all the answers

What is the significance of the link between theft and force in robbery?

<p>It turns two separate offences into a single robbery (B)</p> Signup and view all the answers

What is the maximum sentence for burglary under section 9 of the TA 1968?

<p>10 years imprisonment (B)</p> Signup and view all the answers

What is the purpose of section 9(1)(a) of the TA 1968?

<p>To facilitate early intervention by police (C)</p> Signup and view all the answers

What is the most common way to establish that D entered a building as a trespasser?

<p>Where D enters without permission from the owner or possessor (A)</p> Signup and view all the answers

What is the actus reus of section 9(1)(a) burglary?

<p>Entry to a building, or part of a building, as a trespasser (A)</p> Signup and view all the answers

What is the significance of 'entry' in the context of section 9(1)(a) burglary?

<p>It means that any part of D's person crosses the threshold (D)</p> Signup and view all the answers

What kind of structures are included in the definition of a building?

<p>Part-built or damaged structures, as well as semi-permanent containers (D)</p> Signup and view all the answers

What is the rationale for imposing liability under section 9(1)(a) at the point of entry?

<p>To facilitate early intervention by police (B)</p> Signup and view all the answers

What is the minimum level of mens rea required to establish that D is a trespasser?

<p>Recklessness (A)</p> Signup and view all the answers

What is the significance of the phrase 'part of a building' in the context of burglary?

<p>It deals with cases where D has permission to enter the building but not into certain areas (C)</p> Signup and view all the answers

What is the ulterior mens rea required for burglary under section 9(1)(a) of the TA 1968?

<p>Intent to commit theft, cause GBH, or commit criminal damage (A)</p> Signup and view all the answers

What is the effect of D entering a shop with intent to steal, despite having permission to enter the shop?

<p>D is a trespasser because her permission to enter does not extend to entry for the purposes of theft (B)</p> Signup and view all the answers

What is the implication of D entering with permission that is subsequently withdrawn?

<p>D becomes a trespasser if she fails to leave in a reasonable time (C)</p> Signup and view all the answers

What is the significance of conditional intention in the context of burglary?

<p>It is a type of intention, sufficient to establish burglary (A)</p> Signup and view all the answers

What is the difference between section 9(1)(a) and section 9(1)(b) of the TA 1968?

<p>Section 9(1)(a) deals with entry with intent, while section 9(1)(b) deals with offences committed following trespassory entry (C)</p> Signup and view all the answers

What is the effect of D entering a building with permission, but exceeding the scope of that permission?

<p>D is a trespasser (D)</p> Signup and view all the answers

What is required for the handling offence to apply?

<p>It must be demonstrated that the goods were in fact stolen (D)</p> Signup and view all the answers

What is the maximum sentence on indictment for criminal damage?

<p>10 years imprisonment (D)</p> Signup and view all the answers

What is considered 'damage' in the context of criminal damage?

<p>Rendering property unusable or reducing its value (D)</p> Signup and view all the answers

What is the exception to the definition of property in the context of criminal damage?

<p>Intangible property such as bank account credit (D)</p> Signup and view all the answers

What is required for the element of 'belonging to another' to be satisfied in criminal damage?

<p>The property must belong to another person or entity (A)</p> Signup and view all the answers

What is the mens rea required for criminal damage?

<p>Intention or recklessness as to both causing damage and the property belonging to another (B)</p> Signup and view all the answers

What is traced in certain cases to establish liability for handling stolen goods?

<p>Both the stolen goods and their proceeds (C)</p> Signup and view all the answers

What is required to demonstrate that goods are stolen?

<p>That someone stole the goods (A)</p> Signup and view all the answers

What type of property is land considered as in the context of criminal damage?

<p>Real property (C)</p> Signup and view all the answers

What is the significance of wheel clamping in the context of criminal damage?

<p>It is not considered damage (A)</p> Signup and view all the answers

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