Edited, memorised or added to reading queue

on 20-Jul-2016 (Wed)

Do you want BuboFlash to help you learning these things? Click here to log in or create user.

Flashcard 149626154

Tags
#java
Question
What is this operator in Java? >>>
Answer
unsigned right shift

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






#finance #inflation #inflation-derivatives #inflation-derivatives-barcap
While inflation derivatives are not new and Barclays Capital has traded inflation swaps for more than 10 years
statusnot read reprioritisations
last reprioritisation on suggested re-reading day
started reading on finished reading on

pdf

cannot see any pdfs




Flashcard 1343457725708

Tags
#2015 #book-2 #cfa #cfa-level-1 #economics #has-images #schweser
[unknown IMAGE 1343459036428]
Question
When price of Good X decreases, we can have 3 possible outcomes. What is the name of this outcome? Just describe.
[unknown IMAGE 1343456677132]

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

pdf

cannot see any pdfs







Flashcard 1349187407116

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion ([Statute]), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, s 3

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1349189766412

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, [Statute] concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, ss 12 and 13

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1349289118988

Tags
#co-ownership #land #law
Question
One example of a case where exceptional circumstances were found is that of [case]. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.
Answer
Re Mott

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1366282341644

Tags
#cd #crime #law
Question
The [statute] provides:

'A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

  1. intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
  2. intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer
CDA 1971, s 1(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367660956940

Tags
#co-ownership #land #law
Question
after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.
Answer
Insolvency Act s. 335A(3)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367665675532

Tags
#freedom-of-person #human-rights #public
Question
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was [...].
Answer
27 months

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367667248396

Tags
#freedom-of-person #human-rights #public
Question
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a [...], between the date of charge and the date of trial was 27 months.
Answer
14-year-old

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367669083404

Tags
#freedom-of-person #human-rights #public
Question
HM Advocate v JK [2002] UKPC D1, 29
Answer
The delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be reg

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367674064140

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Criminal Damage
Answer
CDA 1971 s. 1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367676161292

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Aggravated Criminal Damage
Answer
CDA 1971 s. 1(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367677996300

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Arson
Answer
CDA 1971 ss. 1(1) and 1(3)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367679831308

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Aggravated Arson
Answer
CDA 1971 ss. 1(2) and 1(3)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367682452748

Tags
#cd #crime #criminal-damage #law
Question
AR: Criminal Damage (CDA s. 1(1))
Answer
  1. Destroys or Damages
  2. Property
  3. Belonging to Another

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367684287756

Tags
#cd #crime #criminal-damage #law
Question
AR: Aggravated Criminal Damage (CDA s. 1(2))
Answer
  1. Destroys or Damages
  2. Property
  3. Belonging to Self or Another

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367686384908

Tags
#cd #crime #criminal-damage #law
Question
MR: Aggravated Criminal Damage (CDA s. 1(2))
Answer
  1. Intention or Recklessness as to Destroying or Damaging Property
  2. Intention or Recklessness as to Endangering the Life of Another

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill






Flashcard 1367689530636

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s [...], which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
3(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367691103500

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA [year], s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
1968

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367693462796

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the [statute], which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
TA 1968, s 3(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367695822092

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for [...]
Answer
a later assumption of the owner’s rights to amount to an appropriation

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367697394956

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation:

'Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.' (Emphasis added.)

This section can be applied when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when [...].
Answer
the defendant forms the mens rea, subject to the remaining elements also being present

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ed when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when <span>the defendant forms the mens rea, subject to the remaining elements also being present.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367699229964

Tags
#crime #law #theft
Question
Confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1).
Answer
Oxford v Moss

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.) </ht

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367701589260

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s [...]. (1978) 68 Cr App R 183.)
Answer
4(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367703162124

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA [...], s 4(1). (1978) 68 Cr App R 183.)
Answer
1968

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367704734988

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the [statute]. (1978) 68 Cr App R 183.)
Answer
TA 1968, s 4(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367707094284

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of [...] contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)
Answer
intangible property

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367708667148

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that [...] cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)
Answer
confidential information

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367711288588

Tags
#crime #law #theft
Question
The Theft Act 1968, s [...] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
5(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367712861452

Tags
#crime #law #theft
Question
The Theft Act [...], s 5(1) provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
1968

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367714434316

Tags
#crime #law #theft
Question
The [statute] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
Theft Act 1968, s 5(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367717055756

Tags
#crime #law #theft
Question
The Theft Act 1968, s 5(1) provides:

'Property shall be regarded as belonging to [...] ...'

Answer
any person having possession or control of it, or having in it any proprietary right or interest

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367718628620

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In [case] it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
Hibbert McKiernan [1948] 1 A;; ER 860

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In <span>Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367720987916

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on [...]
Answer
whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
king for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on <span>whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367722560780

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that [...]. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
lost golf balls had not been abandoned by their owners

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
rod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that <span>lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367724133644

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. [who] in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
David Ormerod and Karl Laird

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367726492940

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in [book] note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
Smith and Hogan’s Criminal Law

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held th

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367728852236

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that [...]. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. I

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367731735820

Tags
#crime #law #theft
Question
The TA 1968, s [...] states that property belongs to those having possession or control of it.
Answer
5(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367733308684

Tags
#crime #law #theft
Question
The [statute] states that property belongs to those having possession or control of it.
Answer
TA 1968, s 5(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367735667980

Tags
#crime #law #theft
Question
The TA 1968, s 5(1) states that property belongs to those [...].
Answer
having possession or control of it

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367737240844

Tags
#crime #law #theft
Question
The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but [...]. This can be so even if the owner of the land is unaware of its existence.
Answer
over the land upon which it was found

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
body>The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if the owner of the land is unaware of its existence.<body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367738813708

Tags
#crime #law #theft
Question
The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if [...].
Answer
the owner of the land is unaware of its existence

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
gs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if <span>the owner of the land is unaware of its existence.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367740386572

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955
Answer
HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had cont

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367742745868

Tags
#crime #law #theft
Question
[case] HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
R v Woodman [1974] 2 All ER 955

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had cont

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367745105164

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because [...], there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
the factory owners had taken steps to exclude trespassers

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.</

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367746678028

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was [...] and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
evidence that they were in control of the factory

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367748250892

Tags
#crime #law #theft
Question
R v Turner (No 2)
Answer
FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Turner (No 2) FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367750610188

Tags
#crime #law #theft
Question
[case] FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.
Answer
R v Turner (No 2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Turner (No 2) FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367752969484

Tags
#crime #law #theft
Question
R v Hall [1972] 2 All ER 1009
Answer
FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his credi

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367755328780

Tags
#crime #law #theft
Question
[case] FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.
Answer
R v Hall [1972] 2 All ER 1009

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his credi

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367757950220

Tags
#crime #law #theft
Question
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because [...]. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.
Answer
it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
to the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because <span>it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the busine

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367759523084

Tags
#crime #law #theft
Question
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected [...].
Answer
tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected <span>tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business. <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367761095948

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s [...] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
2

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367762668812

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the [statute] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
TA 1968, s 2

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367765028108

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for [who] to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
a jury

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367769222412

Tags
#crime #law #theft
Question
The TA 1968, s [...] sets out three separate circumstances in which a person will not be dishonest.
Answer
2(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367770795276

Tags
#crime #law #theft
Question
The [...] sets out three separate circumstances in which a person will not be dishonest.
Answer
TA 1968, s 2(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367772368140

Tags
#crime #law #theft
Question
The TA 1968, s 2(1) sets out three separate circumstances in which a person will [...].
Answer
not be dishonest

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367774989580

Tags
#crime #law #theft
Question
By the TA 1968, s [...], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.
Answer
2(1)(a)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367776562444

Tags
#crime #law #theft
Question
By the [statute], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.
Answer
TA 1968, s 2(1)(a)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367778921740

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(a), a defendant who [...], will not be dishonest.
Answer
believes he has in law the right to deprive the other of the property, either for himself or another

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367781543180

Tags
#crime #law #theft
Question
By the TA 1968, s [...], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.
Answer
2(1)(b)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367783116044

Tags
#crime #law #theft
Question
By the [statute], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.
Answer
TA 1968, s 2(1)(b)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367785475340

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(b), a defendant who [...] will not be dishonest.
Answer
believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367789931788

Tags
#crime #law #theft
Question
By the TA 1968, s [...], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
2(1)(c)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367791504652

Tags
#crime #law #theft
Question
By the [statute], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
TA 1968, s 2(1)(c)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367793863948

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(c), a defendant who [...] will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
believes that the person to whom the property belongs cannot be discovered by taking reasonable steps

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.</htm

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367795436812

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to [...].
Answer
believe that such steps will not enable him to find the owner

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to <span>believe that such steps will not enable him to find the owner.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367797009676

Tags
#crime #law #theft
Question
Although the TA 1968, s 2(1)(c) may apply to the original finding, if [...], then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.
Answer
the owner becomes known to the accused later

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367798582540

Tags
#crime #law #theft
Question
Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage [...].
Answer
could be dishonest and therefore theft

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.<body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367800155404

Tags
#crime #law #theft
Question
The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest.
Answer
R v Robinson. [1977] Crim LR 173

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367802514700

Tags
#crime #law #theft
Question
The act does not require the defendant's belief to be reasonably held. As long as it is [...] he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.
Answer
genuinely held

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367804087564

Tags
#crime #law #theft
Question
In [case]. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
R v Ghosh, [1982] QB 1053

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary stan

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367806446860

Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether [...]. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
according to the ordinary standards of reasonable and honest people what was done was dishonest

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the de

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367808019724

Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the [...]. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
defendant himself must have realised that what he was doing was by those standards dishonest

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
f reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the <span>defendant himself must have realised that what he was doing was by those standards dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting d

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367809592588

Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to [...], even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
act in a way which he knows ordinary people to consider to be dishonest

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to <span>act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367811165452

Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)
Answer
he asserts or genuinely believes that he is morally justified in acting as he did

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if <span>he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367813000460

Tags
#crime #law #theft
Question
A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him.
Answer
Edwards v Ddin

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes at the time at which the parties intend it to pass.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367815359756

Tags
#crime #law #theft
Question
A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes [...].
Answer
at the time at which the parties intend it to pass

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
son cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes <span>at the time at which the parties intend it to pass.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367817194764

Tags
#crime #law #theft
Question
R v Scott [1987] Crim LR 235
Answer
FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for th

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367819554060

Tags
#crime #law #theft
Question
R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since [...].
Answer
she had treated the thing as her own to dispose of regardless of the other's rights

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367821389068

Tags
#crime #law #theft
Question
DPP v J [2002] EWHC 291
Answer
FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that onc

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367823748364

Tags
#crime #law #theft
Question
Rendering property useless may count as 'disposing of it regardless of others' rights'
Answer
DPP v J [2002] EWHC 291

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that onc

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367826107660

Tags
#crime #law #theft
Question
DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus [...].
Answer
this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
d that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus <span>this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367827942668

Tags
#crime #law #theft
Question
R v Mitchell [2008] EWCA Crim 850
Answer
FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open a

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367830564108

Tags
#crime #law #theft
Question
[case] FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
R v Mitchell [2008] EWCA Crim 850

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open a

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367832923404

Tags
#crime #law #theft
Question
R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that [...]. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
it is not enough to merely deal with the property as your own

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
rt of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that <span>it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel tha

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367834758412

Tags
#crime #law #theft
Question
The second half of the TA 1968, s [...] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or le

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367836331276

Tags
#crime #law #theft
Question
The second half of the [statute] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
TA 1968, s 6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or le

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367838690572

Tags
#crime #law #theft
Question
The second half of the TA 1968, s 6(1) states that [...]. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367840263436

Tags
#crime #law #theft
Question
The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is [...].
Answer
for a period and in circumstances making it equivalent to an outright taking or disposal

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
an>The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367841836300

Tags
#crime #law #theft
Question
borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367844457740

Tags
#crime #law #theft
Question
R v Lloyd [1985] QB 829
Answer
FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367846817036

Tags
#crime #law #theft
Question
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal [...]. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
quashed the convictions

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
hers, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal <span>quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said: 'In this case we are concerned with the second part of s 6(1), namely the words

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367848389900

Tags
#crime #law #theft
Question
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that [...], unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
a mere borrowing is never enough to constitute the necessary guilty mind

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ing of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that <span>a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Co

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367850224908

Tags
#crime #law #theft
Question
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless [...]: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless <span>the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the jo

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367852059916

Tags
#crime #law #theft
Question
A person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of reg

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367855467788

Tags
#crime #law #theft
Question
The TA 1968, s [...] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
6(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regar

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367857040652

Tags
#crime #law #theft
Question
The [statute] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regar

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367859399948

Tags
#crime #law #theft
Question
The TA 1968, s 6(2) states that [...], is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
a person who parts with property under a condition as to its return, which he may not be able to perform

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367860972812

Tags
#crime #law #theft
Question
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed [...].
Answer
to be treating the property as his own to dispose of regardless of the other's rights

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367862807820

Tags
#crime #law #theft
Question
R v Velumyl [1989] Crim LR 299
Answer
FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367865167116

Tags
#crime #law #theft
Question
R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that [...]. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.
Answer
intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
endant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that <span>intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367866739980

Tags
#crime #law #theft
Question
Court of Appeal held that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.
Answer
R v Velumyl [1989] Crim LR 299

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367869623564

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s [...])
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
3

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ad>This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) </

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367871196428

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s [...])
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
4

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
s section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s <span>4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body></htm

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367872769292

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s [...])
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
5

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s <span>5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367874342156

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s [...])
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
2

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
secution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s <span>2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367875915020

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s [...])
Answer
6

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s <span>6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367877487884

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. [...] (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Appropriation

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) &#1

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367879060748

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. [...] (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Property

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367880633612

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. [...] (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Belonging to another

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ection defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) <span>Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367882206476

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. [...] (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Dishonestly

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea <span>Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367883779340

Tags
#crime #law #theft
Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. [...] (TA 1968, s 6)
Answer
With the intention to permanently deprive

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) <span>With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367885352204

Tags
#crime #law #theft
Question
'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
TA 1968, s 3(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367887711500

Tags
#crime #law #theft
Question
The word 'appropriation' is defined in part in the TA 1968, s [...]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
3(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367889284364

Tags
#crime #law #theft
Question
The word 'appropriation' is defined in part in the [statute]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
TA 1968, s 3(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367891643660

Tags
#crime #law #theft
Question
The word 'appropriation' is defined in part in the TA 1968, s 3(1): [...]
Answer
'Any assumption by a person of the rights of an owner amounts to an appropriation …'

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367893216524

Tags
#crime #law #theft
Question
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the [...] amounts to an appropriation …'
Answer
rights of an owner

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367894789388

Tags
#crime #law #theft
Question
A defendant can appropriate property even with the consent of the owner.
Answer
R v Gomez [1993] 1 All ER 1 (HL)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The issue was settled in R v Gomez [1993] 1 All ER 1 (HL), where the majority in the House of Lords decided that a defendant can appropriate property even with the consent of the owner.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367897148684

Tags
#crime #law #theft
Question
R v Adams [1993] Crim LR 72
Answer
The defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2).

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367899507980

Tags
#crime #law #theft
Question
In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that [...].
Answer
the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
l court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that <span>the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2). <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367901342988

Tags
#crime #law #theft
Question
A householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
Williams v Phillips (1957) 41 Cr App R 5)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367903964428

Tags
#crime #law #theft
Question
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In [case], it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
Williams v Phillips (1957) 41 Cr App R 5)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367906323724

Tags
#crime #law #theft
Question
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that [...]. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
a householder does not abandon goods that he puts in his dustbin

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.</

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367909469452

Tags
#crime #law #theft
Question
Parker v British Airways Board [1982] 1 All ER 834
Answer
FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367911828748

Tags
#crime #law #theft
Question
Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that [...]. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.
Answer
if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that <span>if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no s

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367913401612

Tags
#crime #law #theft
Question
Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention [...]. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.
Answer
either expressly, for example by putting up a notice, or impliedly

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
d shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention <span>either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger. <span><body></htm

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367914974476

Tags
#crime #law #theft
Question
However, the TA 1968, s 5(3) will only operate where [...].
Answer
the accused is under a legal obligation to use the property for the purpose given

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
However, the TA 1968, s 5(3) will only operate where the accused is under a legal obligation to use the property for the purpose given.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367916547340

Tags
#crime #law #theft
Question
Davidge v Bunnett [1984] Crim LR 297
Answer
FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £109.75 towards the cost of the bill to which she was expected to add the outstanding £50.00. The defendant cashed the cheques and spent the money on Christmas presents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case confirms that obligations can be imposed upon domestic/social arrangements.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Davidge v Bunnett [1984] Crim LR 297 FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £10

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1367918906636

Tags
#crime #law #theft
Question
Confirms that obligations can be imposed upon domestic/social arrangements.
Answer
Davidge v Bunnett

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
resents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case <span>confirms that obligations can be imposed upon domestic/social arrangements.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368092445964

Tags
#crime #law #theft
Question
R v Klineberg and Marsden [1999] 1 Cr App R 427
Answer
FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Klineberg and Marsden [1999] 1 Cr App R 427 FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money woul

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368136748300

Tags
#crime #law #theft
Question
R v Klineberg and Marsden [1999] 1 Cr App R 427
FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that [...]. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.
Answer
K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that <span>K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368182623500

Tags
#crime #law #theft
Question
The TA 1968, s [...] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.
Answer
5(4)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368193895692

Tags
#crime #law #theft
Question
The [statute] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.
Answer
TA 1968, s 5(4)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368251829516

Tags
#crime #law #theft
Question
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows [...].
Answer
property to belong to another for the purposes of the Act

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368267033868

Tags
#crime #law #theft
Question
The TA 1968, s 5(4) caters for the situation where [...] and allows property to belong to another for the purposes of the Act.
Answer
title has passed to the defendant due to another's mistake

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368315530508

Tags
#crime #law #theft
Question
The TA 1968, s [...] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.
Answer
2(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368322608396

Tags
#crime #law #theft
Question
The [statute] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.
Answer
TA 1968, s 2(2)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368336502028

Tags
#crime #law #theft
Question
The TA 1968, s 2(2) provides that [...].
Answer
a person can appropriate property dishonestly, despite being willing to pay for the property

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368357473548

Tags
#crime #law #theft
Question
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they [...].
Answer
take property that the owner does not wish to sell, intending to pay for that property

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they take property that the owner does not wish to sell, intending to pay for that property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368392076556

Tags
#crime #law #theft
Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten (at which point it also ceases to be property) or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
Corcoran v Whent ([1977] Crim LR 52.)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368394435852

Tags
#crime #law #theft
Question
Ownership of property usually passes [...], but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
when it is paid for

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368396008716

Tags
#crime #law #theft
Question
Ownership of property usually passes when it is paid for, but ownership of food passes [...] – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
when it is eaten

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.</ht

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368398892300

Tags
#crime #law #theft
Question
Ownership of petrol passes when [...].
Answer
it is put in a petrol tank

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Ownership of petrol passes when it is put in a petrol tank.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368400465164

Tags
#crime #law #theft
Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be [...] s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
making off without payment under

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
rty) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be <span>making off without payment under s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368402038028

Tags
#crime #law #theft
Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s[...] Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
3

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
hen it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s<span>3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368403610892

Tags
#crime #law #theft
Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under [statute] which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
s3 Theft Act 1978

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under <span>s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368407280908

Tags
#crime #law #theft
Question
The TA 1968, s [...] requires that the accused must 'intend to permanently deprive' the owner of his property.
Answer
1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368408853772

Tags
#crime #law #theft
Question
The TA 1968, s 1(1) requires that the accused must [...].
Answer
'intend to permanently deprive' the owner of his property

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368410426636

Tags
#crime #law #theft
Question
The accused must 'intend to permanently deprive' the owner of his property.
Answer
TA 1968, s 1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368412785932

Tags
#crime #law #theft
Question
The [statute] requires that the accused must 'intend to permanently deprive' the owner of his property.
Answer
TA 1968, s 1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368415145228

Tags
#crime #law #theft
Question
The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive [...].
Answer
at the time of the appropriation

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive <span>at the time of the appropriation.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368418028812

Tags
#crime #law #theft
Question
The TA 1968, s [...] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368419601676

Tags
#crime #law #theft
Question
The [statute] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
TA 1968, s 6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368421960972

Tags
#crime #law #theft
Question
If the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
TA 1968, s 6(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368424320268

Tags
#crime #law #theft
Question
The TA 1968, s 6(1) states that if the defendant has an intention to [...], this will amount to an intention to permanently deprive.
Answer
treat the thing as his own to dispose of regardless of the others rights

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368426155276

Tags
#crime #law #theft
Question
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will [...].
Answer
amount to an intention to permanently deprive

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368427728140

Tags
#crime #law #theft
Question
R v Fernandes [1996] 1 Cr App R 175
Answer
FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
R v Fernandes [1996] 1 Cr App R 175 FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an i

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368430087436

Tags
#crime #law #theft
Question
Section 6 TA 1968 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.
Answer
R v Fernandes [1996] 1 Cr App R 175

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ: 'We consider that <span>section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.' <span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368432446732

Tags
#crime #law #theft
Question
R v Fernandes [1996] 1 Cr App R 175
FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – [Who]:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'

Answer
Auld LJ

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
d of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – <span>Auld LJ: 'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368434806028

Tags
#crime #law #theft
Question
The offence of theft is found in s [...] Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’
Answer
1(1)

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368436378892

Tags
#crime #law #theft
Question
The offence of theft is found in [statute], which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’
Answer
s 1(1) Theft Act 1968

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1368438738188

Tags
#crime #law #theft
Question
The offence of theft is found in s 1(1) Theft Act 1968, which provides: [...]
Answer
'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

Original toplevel document (pdf)

cannot see any pdfs