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UK Offences Against Property case law
Can you name the cases for these points of property law (UK)?
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These cases are just some of the many that could be mentioned, but are those whice are particularly useful for AQA A-Level Law Unit 4A. Alse cases for the most common defences used in property law
Appropriation need only be of rights
Appropriation may be with owner's consent
Body parts can be property despite common law
Confidential information is not property
It is possible to steal one's own property
Leant money must be used for stated purpose
No need to return overpayment on gambling debts since not legal obligation
A person is dishonest if they are according to the reasonable man and they realised this
Intention to permanently deprive owner of those particular bank notes
Intention to use property as if it were your own
'The practical value has gone out of the article'
There must be all elements of theft
Robbery is committed at the point of the appropriation
Force can be indirect and small
Force must be during or before theft, however...
Theft can be ongoing
Entry must be 'effective'
Residential vehicles may be 'buildings'
Trespassing may be in part of a building
If you are invited in you are not a trespasser
May enter in excess of permission given
Threats are unwarranted if not 'reasonable or proper'
Demands can be implied
'An ordinary person of normal stability might be influenced'
Gain must have monetary value
Representation can be of state of mind
It may be implied by dress...
or by actions
Making off without payment
Makes offs means leaves the spot by any means
This must be from the spot where payment is expected
A contractual dispute means there is no legal obligation to pay
An intention to delay or defer payment is not sufficient
Damage can be temporary or permanent
Damage must be a loss in usefullness
D may have lawful excuse if they believe they would have consent
D will have the mens rea 'when he is aware of the risk'
Aggravated criminal damage
The danger to the life must be caused by the damage itself
All elements of criminal damage must apply
If damage is caused by fire then must be charged expressly as arson
The Defence of Intoxication
If intoxication is involuntary D may lack mens rea
Intoxication remains voluntary if D did not know strengths of drugs
Dangerous drugs are proof of voluntary intoxication
Defence can only be used in crimes of specific intent
D must not form mens rea prior
Necessity is based from D genuine belief of circumstance
D may act pre-emptively
Act must be reasonable and proportionate
Duress by Threats
Did D have reason to fear death or serious injury and would others act like him?
Must be threats of death or serious injury
May be threats to someone D feels responsible for
Must not be safe avenue of escape
Must be connection between threats and offence
Joining dangerous organisation is consent to threats
Duress by Circumstance
Did D have cause to fear serious injury to him or others would result and would others act like him?
Must be reasonable and proportionate
Evil caused must be outweighed by evil avoided
Cause must be external
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