Theft Act 1968 Chapter 9

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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?

A new item of property that belongs to D Signup and view all the answers

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

Real property is land, while personal property is not land Signup and view all the answers

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

Yes, regardless of the legality of the property Signup and view all the answers

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

7yrs imprisonment Signup and view all the answers

What is required to prove liability in a theft case?

All elements to have coincided Signup and view all the answers

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

It amounts to an appropriation Signup and view all the answers

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

It is an appropriation Signup and view all the answers

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

Two or more Signup and view all the answers

What is the significance of the case of Morris?

It confirms that the assumption of any one property right is sufficient to find appropriation Signup and view all the answers

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

The Theft Act 1968 differentiates between the two Signup and view all the answers

What is the significance of the case of Gomez?

It confirms that Vs consent or non-consent is irrelevant Signup and view all the answers

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

The bona fide purchaser exception Signup and view all the answers

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

Wild mushrooms and flowers Signup and view all the answers

What is not considered property for the purpose of theft?

Electricity Signup and view all the answers

What is the distinction between Hinks and Gomez?

Hinks involved a full and valid transfer of property in civil law Signup and view all the answers

Under what circumstances can a tenant be guilty of theft?

If they appropriate a fixture or structure from the land Signup and view all the answers

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

A plot of land owned by the thief Signup and view all the answers

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

All of the above Signup and view all the answers

What is essential to demonstrate in the context of theft?

That the property belonged to another at the point of appropriation Signup and view all the answers

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

The risk of not returning the property Signup and view all the answers

What is required for D to be considered dishonest?

D must not honestly believe that V would consent Signup and view all the answers

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

D's conduct Signup and view all the answers

What case helped establish the test for dishonesty?

Ivey v. Genting Casinos Signup and view all the answers

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

The possibility of returning the property Signup and view all the answers

What is essential for D to avoid being dishonest?

D must honestly believe V would consent Signup and view all the answers

What is necessary for V to possess a property?

V has to intend to control or possess the property and maintain some degree of control over it Signup and view all the answers

What determines the proprietary interest of a property?

Civil law rules of ownership Signup and view all the answers

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

Where D is a trustee and dishonestly appropriates from that trust 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)?

D must have been given the property for a particular purpose Signup and view all the answers

What happens to property that is abandoned by V?

It becomes ownerless and cannot be subject to theft Signup and view all the answers

What is the ulterior mens rea element required for theft?

An intention to permanently deprive V of the property Signup and view all the answers

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

What it means to intend to permanently deprive Signup and view all the answers

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

D must have dishonestly taken the property of another Signup and view all the answers

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

It establishes that a legal person can own property Signup and view all the answers

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

V retains some equitable proprietary ownership Signup and view all the answers

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

D must commit the offence of theft, attempted theft, GBH, or attempted GBH Signup and view all the answers

What is the difference between s91a and s91b burglary?

s91a is for entry with intent, s91b is for entry without intent Signup and view all the answers

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

D must commit burglary with the use of a listed weapon Signup and view all the answers

When does D commit s9(1)a burglary?

When D enters the building as a trespasser Signup and view all the answers

What is the maximum sentence for aggravated burglary on indictment?

Life imprisonment Signup and view all the answers

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

D must be in control of the weapon and be aware of it Signup and view all the answers

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

Receiving stolen goods with the knowledge that they are stolen Signup and view all the answers

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

14 years imprisonment Signup and view all the answers

When does D commit s9(1)b burglary?

When D commits theft, a GBH offence, or attempts either Signup and view all the answers

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

It extends to incapacitation Signup and view all the answers

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

To make prosecutions more straightforward Signup and view all the answers

What is a required element of the offence of robbery?

Theft and force or the threat of force Signup and view all the answers

How can the requirement of force be satisfied in robbery?

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 Signup and view all the answers

What is the minimum level of force required for robbery?

More than negligible force Signup and view all the answers

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

It turns two separate offences into a single robbery Signup and view all the answers

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

10 years imprisonment Signup and view all the answers

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

To facilitate early intervention by police Signup and view all the answers

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

Where D enters without permission from the owner or possessor Signup and view all the answers

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

Entry to a building, or part of a building, as a trespasser Signup and view all the answers

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

It means that any part of D's person crosses the threshold Signup and view all the answers

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

Part-built or damaged structures, as well as semi-permanent containers Signup and view all the answers

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

To facilitate early intervention by police Signup and view all the answers

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

Recklessness Signup and view all the answers

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

It deals with cases where D has permission to enter the building but not into certain areas Signup and view all the answers

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

Intent to commit theft, cause GBH, or commit criminal damage 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?

D is a trespasser because her permission to enter does not extend to entry for the purposes of theft Signup and view all the answers

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

D becomes a trespasser if she fails to leave in a reasonable time Signup and view all the answers

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

It is a type of intention, sufficient to establish burglary Signup and view all the answers

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

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

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

D is a trespasser Signup and view all the answers

What is required for the handling offence to apply?

It must be demonstrated that the goods were in fact stolen Signup and view all the answers

What is the maximum sentence on indictment for criminal damage?

10 years imprisonment Signup and view all the answers

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

Rendering property unusable or reducing its value Signup and view all the answers

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

Intangible property such as bank account credit Signup and view all the answers

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

The property must belong to another person or entity Signup and view all the answers

What is the mens rea required for criminal damage?

Intention or recklessness as to both causing damage and the property belonging to another Signup and view all the answers

Theft Act 1968 Chapter 9

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Questions and Answers

What type of property is land considered as?

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

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

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

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

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

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

What is required to prove liability in a theft case?

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

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

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

What is the significance of the case of Morris?

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

What is the significance of the case of Gomez?

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

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

What is not considered property for the purpose of theft?

What is the distinction between Hinks and Gomez?

Under what circumstances can a tenant be guilty of theft?

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

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

What is essential to demonstrate in the context of theft?

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

What is required for D to be considered dishonest?

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

What case helped establish the test for dishonesty?

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

What is essential for D to avoid being dishonest?

What is necessary for V to possess a property?

What determines the proprietary interest of a property?

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

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

What happens to property that is abandoned by V?

What is the ulterior mens rea element required for theft?

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

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

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

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

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

What is the difference between s91a and s91b burglary?

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

When does D commit s9(1)a burglary?

What is the maximum sentence for aggravated burglary on indictment?

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

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

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

When does D commit s9(1)b burglary?

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

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

What is a required element of the offence of robbery?

How can the requirement of force be satisfied in robbery?

What is the minimum level of force required for robbery?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What is required for the handling offence to apply?

What is the maximum sentence on indictment for criminal damage?

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

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

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

What is the mens rea required for criminal damage?

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

What is required to demonstrate that goods are stolen?

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