Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Criminal Law:Theft Exam Technique
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Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for theft in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law pertaining...
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Theft Exam Technique
Theft (IDEA Structure)
I The relevant issue is theft.
D s(1) of the Theft Act 1968 defines theft as dishonestly appropriating
property belonging to another with the intention of permanently
depriving the other of it.
E s3(1) defines appropriation as any assumption by a person of the
rights of an owner as seen in R v Morris.
Additional Cases:
> Lawrence v MPC (1972)/R v Gomez (1993) states there is still an
appropriation even with the consent of V and the deception of D.
> R v Hinks (2000) states there is still an appropriation even with the
consent of V and no deception of D.
A In this case… (Apply to case).
E s4(1) states property includes…
● Money
● Real property
● Personal property
● Things in action
● Other intangible property.
As stated in R v Kelly (1998).
Additional Cases:
> Oxford v Moss (1979) states information/knowledge is not property.
A In this case… (Apply to case).
E s5(1) states belonging to another means possession or control as seen
in R v Turner No2 (1971) or proprietary rights as seen in R v Webster
(2006).
Additional Cases:
> R v Woodman (1974) states even if the victim does not know they
own property it still belongs to them.
> Williams v Phillips (1957) states even if the victim bins the property it
still belongs to them.
> R v Wain (1995) & s5(3) Theft Act 1968 states it belongs to another
until they have done that particular thing with it.
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