Podcast
Questions and Answers
What type of property is land considered as?
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?
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?
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?
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?
What is the main difference between real property and personal property?
Can D be liable for theft of illegal or prohibited 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 the maximum penalty for theft according to the Theft Act 1968?
What is required to prove liability in a theft case?
What is required to prove liability in a theft case?
What is the implication of assuming the rights of an owner?
What is the implication of assuming the rights of an owner?
What happens if the defendant assumes certain ownership rights, but not others?
What happens if the defendant assumes certain ownership rights, but not others?
How many separate acts of appropriation can occur in a single event?
How many separate acts of appropriation can occur in a single event?
What is the significance of the case of Morris?
What is the significance of the case of Morris?
What is the difference between appropriation with consent and non-consensual appropriation?
What is the difference between appropriation with consent and non-consensual appropriation?
What is the significance of the case of Gomez?
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 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 an exception to the definition of property in the Theft Act 1968?
What is not considered property for the purpose of theft?
What is not considered property for the purpose of theft?
What is the distinction between Hinks and Gomez?
What is the distinction between Hinks and Gomez?
Under what circumstances can a tenant be guilty of theft?
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 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 type of information is not considered property in the context of theft?
What is essential to demonstrate 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 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 required for D to be considered dishonest?
What is evaluated in the second step of the test for dishonesty?
What is evaluated in the second step of the test for dishonesty?
What case helped establish the test for dishonesty?
What case helped establish the test for dishonesty?
What is not a consideration in determining D's dishonesty?
What is not a consideration in determining D's dishonesty?
What is essential for D to avoid being dishonest?
What is essential for D to avoid being dishonest?
What is necessary for V to possess a property?
What is necessary for V to possess a property?
What determines the proprietary interest of a property?
What determines the proprietary interest of a property?
In what scenario would D be taking property of another under section 5(2)?
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 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 happens to property that is abandoned by V?
What is the ulterior mens rea element required for theft?
What is the ulterior mens rea element required for theft?
What is clarified by section 6(1) of the TA 1968?
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 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 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 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 minimum requirement for D to be guilty of burglary under s91b?
What is the difference between s91a and s91b burglary?
What is the difference between s91a and s91b burglary?
What is required for aggravated burglary under s10 of the TA 1968?
What is required for aggravated burglary under s10 of the TA 1968?
When does D commit s9(1)a burglary?
When does D commit s9(1)a burglary?
What is the maximum sentence for aggravated burglary on indictment?
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 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 offence of handling stolen goods under s22 of the TA 1968?
What is the maximum sentence for handling stolen goods on indictment?
What is the maximum sentence for handling stolen goods on indictment?
When does D commit s9(1)b burglary?
When does D commit s9(1)b burglary?
What is the significance of s10(1)b in aggravated 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 the primary benefit of subordinating D's subjective beliefs in prosecutions?
What is a required element of the offence of robbery?
What is a required element of the offence of robbery?
How can the requirement of force be satisfied in robbery?
How can the requirement of force be satisfied in robbery?
What is the minimum level of force required for 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 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 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 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 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 actus reus of section 9(1)(a) burglary?
What is the significance of 'entry' in the context 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 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 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 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 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 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 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 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 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 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 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 required for the handling offence to apply?
What is the maximum sentence on indictment for criminal damage?
What is the maximum sentence on indictment for criminal damage?
What is considered 'damage' in the context of 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 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 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 the mens rea required for criminal damage?
What is traced in certain cases to establish liability for handling stolen goods?
What is traced in certain cases to establish liability for handling stolen goods?
What is required to demonstrate that goods are stolen?
What is required to demonstrate that goods are stolen?
What type of property is land considered as in the context of criminal damage?
What type of property is land considered as in the context of criminal damage?
What is the significance of wheel clamping in the context of criminal damage?
What is the significance of wheel clamping in the context of criminal damage?
