Presentation on theme: "Unit 4 1) Criminal Law Offences against the Property. 2) Concepts of Law Course Evaluation On the piece of paper write down www/ebi on the delivery of."— Presentation transcript:
Unit 4 1) Criminal Law Offences against the Property. 2) Concepts of Law Course Evaluation On the piece of paper write down www/ebi on the delivery of unit 3 to help inform what changes need to be made for the delivery of the next unit and next year.
Offences against the property. Theft Burglary Blackmail Fraud Making off without payment Criminal Damage Defences: Duress, Intoxication, Self-Defence
Concepts of Law Law and morality Law and Justice Judicial Creativity Fault Conflicting Interests
Theft Imagine you had to explain what theft is to an alien write down your definition?
Theft Act 1968 s.1 Charged with stealing contrary to TA’1968 s.1 “ A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive” Based on this statutory definition what’s the AR and MR of the offence of stealing contrary to TA’1968 s.1?
Actus ReusMens Rea “ A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive”
Appropriation s.3 Assumption by a person of the rights of the owner. What rights? Sell, Use, dispose of, own, purchase, handle, touch, eat, privacy.
1.Which section of what Act defines theft? 2.What’s the AR of theft? 3.What’s the MR of theft? 4.Give 2 different examples of appropriation 5.Can D appropriate property when the owner has consented to its appropriation? 6.Give names and facts of 2 cases where the effect of consent of the owner was considered. 7.Can D be guilty of theft when the owner has consented to the appropriation and that consent was not obtained by any deception?
Theft Imagine you had to explain what theft is to an alien now write down your definition?
LQ: Can I explain what is meant by Appropriation and Property and apply to scenarios? What happened in the following cases? Lawrence Pitham V Hehl Gomez Hinks Morris
Summary of the law regarding appropriation Appropriation includes the right to sell property Case:________ When consent is obtained by false representation: -An appropriation has taken place -No need for adverse interference with or usurpation of owners right Case:________ There does not need to be an appropriation of all the rights of an owner Case:________ If consent is obtained without deception -was owner mentally capable? -Would reasonable person regard accepting gift dishonest? Case:_________ Later assumption of right could still be an appropriation s.3(1) Example:________
Apply the rules on appropriation to the 4 scenarios
Property s.4 What cannot be stolen? Read the cases of Kelly V Lindsay and Oxford V Moss.
Property Money Personal Property Kelly V Lindsay Real Property - Trustee or PR takes land in breach of duties - Someone not in possession severs anything forming part of land. - Tenant takes fixture or structure from land left to him Things in action Right that can be enforced against another in law Eg. Copyright Other intangible property Eg. Patents, electricity s.1 Oxford V Moss (1979)