Unit 6 Theft 2 Appropriation Skills focus Reading

Unit 6 Theft 2: Appropriation

Skills focus Reading • locating key information in complex sentences Writing • reporting findings from other sources: paraphrasing • writing complex sentences Vocabulary focus • synonyms, replacement subjects, etc. for sentence level paraphrasing

6. 1 Vocabulary 6. 2 Reading 6. 3 Extending skills 6. 4 Extending skills

6. 1 Vocabulary A Study the words in the box. A Study the words in the purple box. 1 Copy and complete the table. Put the words in one or more boxes, in each case. 2 Build more words in the other columns. 3 What is the special meaning of each word in law? 4 Group the words in the purple box according to their stress pattern

6. 1 Vocabulary 1 -3 The answer Noun Verb Adjective accused accusation accused aggravation aggrava te attempt aggravated (adj) making worse – in law, using a weapon of force to commit a crime attempted authority authorized e classification classify classified Legal meaning (adj) and (n) have the same form, e. g. , He was accused of. . . or The accused was found guilty of. . . (n) permission to do something or (n) person/people/law with the power to do/decide something (v) give something a particular interpretation

6. 1 Vocabulary 1 -3 The answer (n) sending for trial (committal) (n) the act of committing a crime (commission) (v) carry out an (illegal) action * this is from general English, meaning dedication to something, e. g. , She shows great commitment to her studies. committed conveyance conveyed (n) sending for trial (committal) (n) the act of committing a crime (commission) (v) carry out an (illegal) action * this is from general English, meaning dedication to something, e. g. , She shows great commitment to her studies. conviction 'convict con'vict convicted (v) carry by means of transport decision decide decisive committal commission commitment

6. 1 Vocabulary 1 -3 The answer interpretation interpreted offence offend offensive* permission permitted permissibl e possession possess (n) judicial view of a word or phrase (adj) able to do damage, e. g. , He was carrying an offensive weapon. * in general English, can also mean unpleasant, e. g. , He spoke in an offensive manner. (adj) can be done under the law, e. g. , The action was permissible. (n) having something, usually illegal, e. g. He was found in possession of Class A drugs.

6. 1 Vocabulary 4 The answer Oo 'convict (n) o. O accuse, attempt, commit, con'vict (v), decide, offence, permit Ooo classify o. Oo conveyance, interpret, possession o. Ooo authority Oooo aggravated

6. 1 Vocabulary B Study the information on the opposite page. Discuss these questions using words from Exercise A. 1 What is the fundamental difference between theft under section 1 of the Theft Act (Unit 5) and taking without the owner’s consent under section 12? 2 Under section 12, what is meant by: ● taking? ● a conveyance? ● without the consent of the owner? 3 Look at the elements of the offence on the opposite page. Which of the following is not likely to be classified as a conveyance? Give reasons. ● a horse ● a hovercraft

6. 1 Vocabulary Theft Act 1968 section 12(1) This section states that ‘a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. ’

6. 1 Vocabulary Elements of the of fence: Taking The vehicle must be used as a conveyance. In other words, there must be some element of taking possession or control of the vehicle plus movement. If a person sits inside a car but does not actually drive it, this would not be taking. However, it could be seen as an attempt. If B gets into A’s car without A’s permission, with the intention of driving it away, but A realizes what ishappening and stands in front of the car, B could be charged with attempt.

6. 1 Vocabulary A conveyance This means a conveyance constructed or adapted for the carriage of a person or persons, whether by land, air or water. It does not include a conveyance constructed or adapted for use only under the control of a person but not carried in it or on it. Pedal cycles are not covered under this section but by section 12(5) because the penalty for taking a cycle is a fine whereas for other types of vehicle it can be custodial. Without the consent of the owner or other lawful authority Section 12(7) of the Act provides that when a vehicle has been taken subject of a hiring agreement or a hire purchase agreement, a person in possession of the vehicle under such an agreement is deemed to be the owner.

6. 1 Vocabulary Knowing that such a conveyance has been taken without consent, drives it or allows himself to be carried in or on it. This requires knowledge that the vehicle has been taken, and the accused has either driven the vehicle or been a passenger. Section 12(6) of the Act provides that a person does not commit an offence under section 12 by anything done in the belief that he has the lawful authority to do it, or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

6. 1 Vocabulary

6. 1 Vocabulary Model answers: 1 Under section 1 of the Theft Act 1968, there must be an intention permanently to deprive (see Unit 5) whereas under section 12 an offence is committed if a conveyance is taken away without the owner’s consent. There is no requirement that it should be permanent. Elicit some examples from real life such as where a person sees a car with the ignition keys inside, drives it away and then abandons it. Make sure they know that this is often referred to as ‘joyriding’. 2 ● taking: having possession of the conveyance and then moving it or causing it to move ● a conveyance: something that can be used to carry people by land, air or water. It must be something that can be controlled by a person who is carried in it ● without the consent of the owner: the owner or a person who has hired the conveyance has not given permission for it to be used

6. 1 Vocabulary Model answers: 3 a horse (a hovercraft is a conveyance that can be used on both land water) Refer students to the case of Neal v Gribble [1978] Crim LR 500 by writing the citation on the board. Explain that the facts of the case were: the defendants found horses in a field, tied ropes to them to use as bridles and then rode them away. They were charged under section 12 but the judge held that the ordinary meaning of conveyance did not include a horse. Discuss with the students whether or not it would be different if the horses had been used to pull someone in a carriage.

6. 1 Vocabulary C Study the facts in R v Pearce [1973] Crim LR 321. 1 Which elements had to be interpreted in this case? 2 What do you think the court decided? Why? R v Pearce [1973] Crim LR 321 Pearce took an inflatable rubber dinghy and t owed i t away on a trailer.

6. 1 Vocabulary Model answers: 1 Key elements = conveyance and taking 2 The accused was found guilty on the grounds that: a) an inflatable rubber dinghy is a conveyance as it is able to carry a person by water –section 12(7 a) b) towing was interpreted as taking as it involved moving the conveyance

6. 1 Vocabulary D Two students have written about R v Pearce. 1 Study A’s sentences. Write one word in each space. 2 Study B’s sentences. Complete each sentence in a logical way.

6. 1 Vocabulary Model answers There are two elements of the offence which have to two points here. be interpreted in this case. The court has to decide on two points here. Firstly, the court has to decide if an inflatable rubber dinghy is a conveyance. The first question is whether or not an inflatable rubber dinghy can be classified as a conveyance. Secondly, the court needs to make a decision as to whether towing on a trailer can be interpreted as taking under the Act. The second question to be answered is whether towing on a trailer can be interpreted as taking.

6. 1 Vocabulary E Study the facts of the cases on the opposite page. 1 Choose one of the cases. Write a summary of the elements to be interpreted, as in Exercise D. Use your own words. 2 Rewrite your summary in a different way

6. 1 Vocabulary Theft Act 1968 section 12(1) This section states that ‘a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. ’

6. 1 Vocabulary Elements of the of fence: Taking The vehicle must be used as a conveyance. In other words, there must be some element of taking possession or control of the vehicle plus movement. If a person sits inside a car but does not actually drive it, this would not be taking. However, it could be seen as an attempt. If B gets into A’s car without A’s permission, with the intention of driving it away, but A realizes what ishappening and stands in front of the car, B could be charged with attempt.

6. 1 Vocabulary A conveyance This means a conveyance constructed or adapted for the carriage of a person or persons, whether by land, air or water. It does not include a conveyance constructed or adapted for use only under the control of a person but not carried in it or on it. Pedal cycles are not covered under this section but by section 12(5) because the penalty for taking a cycle is a fine whereas for other types of vehicle it can be custodial. Without the consent of the owner or other lawful authority Section 12(7) of the Act provides that when a vehicle has been taken subject of a hiring agreement or a hire purchase agreement, a person in possession of the vehicle under such an agreement is deemed to be the owner.

6. 1 Vocabulary Knowing that such a conveyance has been taken without consent, drives it or allows himself to be carried in or on it. This requires knowledge that the vehicle has been taken, and the accused has either driven the vehicle or been a passenger. Section 12(6) of the Act provides that a person does not commit an offence under section 12 by anything done in the belief that he has the lawful authority to do it, or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

6. 1 Vocabulary

6. 1 Vocabulary F Study all the cases on the opposite page once more. 1 What do you think the court decided in each case? 2 Listen to the judgments. Do you agree with them?

6. 1 Vocabulary bank Reporting findings You cannot use another writer’s words unless you directly quote. Instead, you must restate or paraphrase. But be very careful with precise legal terminology. For example, burglary is not the same as robbery. There are several useful ways to do this use a synonym of a word or phrase permission -consent at the hearing -in court change negative to positive and vice versa the appeal failed -the appeal did not succeed use a replacement subject the defendant may appeal -there may be an appeal against the conviction change from active to passive or vice versa the judge can direct the jury to bring in a verdict of not guilty-the jury can be directed to bring in a not guilty verdict

6. 1 Vocabulary bank When reporting findings from one source, you should use all the methods above. Example: Original text Mc. Gill was loaned a car for the express purpose of taking his wife to the railway station Report The defendant borrowed a car solely in order to take his spouse to catch a train.

6. 1 Vocabulary bank

6. 2 Reading A Look at Figure 1. Find the name for each type of offence in the purple box.

6. 2 Reading B What type of offence is committed if a person: 1 takes a CD player from an empty car? 2 breaks into a house and steals some expensive jewellery? 3 steals a woman’s handbag by pulling it off her shoulder? 4 hires a car for two days but brings it back after four days Model answers: 1 theft 2 burglary 3 robbery 4 TWOC (taking without the owner’s consent)

6. 2 Reading C Look at the illustration, the title, the introduction and the first sentence of each paragraph on the opposite page. What will the text be about?

6. 2 Reading D Using your ideas from Exercises A, B and C above, write some research questions. E Read the text. Does it answer your questions?

6. 2 Reading What is burglary? As lawyers, we need to be very precise about the way crimes are defined. According to section 9 of the Theft Act 1968, burglary is entering a building or part of a building with the intent to steal. You must trespass. In other words, you must have entered without permission. For example, if your neighbour has gone out and left the door unlocked, and you enter the house intending to steal their mobile phone, you are liable to be prosecuted for burglary. However, imagine a person enters a house for a cup of sugar.

6. 2 Reading She finds that no one is there and then takes the item meaning to return it after going to the shops. A person who behaves in this way has probably not committed an offence under section 9 of the Act because there was no intention to steal. In the case of the phone, if there was an intention to dishonestly appropriate it, an offence has been committed. On the other hand, taking the phone to make an emergency call might be a successful defence. For example, the accused could say that he went outside to make the call because there was no reception in the house and then absent-mindedly put the phone in his pocket and forgot about it.

6. 2 Reading Under section 10(1) of the Theft Act, a person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any offensive weapon or any explosive. The courts have given a wide interpretation to section 10. In R v Stones [1989] 1 WLR 156 the defendant was arrested shortly after burgling a house. The police found he was carrying a kitchen knife.

6. 2 Reading The defendant alleged that he only carried the knife to protect himself and claimed that he had not intended to use it in the burglary. The Court of Appeal decided that section 10 focused on the point that a person had a weapon of offence in his possession at the time of the burglary. If he was carrying a weapon, he might be tempted to use it to commit the burglary. In the later case of R v Kelly [1996] 1 Cr App R, CA Crim the accused broke into a house using a screwdriver. He told the householder to unplug the video and then pushed the screwdriver into his chest. The Court of Appeal held that under section 10 the screwdriver became a weapon of offence on proof that the accused meant to use it to cause injury.

6. 2 Reading Under section 8, a person is guilty of robbery if he steals and, immediately before or at the time of doing so, and in order to do so, he uses force on any person, or seeks to put any person in fear of being then and there subjected to force. The key word, of course, is force. The force must be used immediately before or at the time of the stealing. Force used after theft is complete will not amount to a robbery. Whether force has been used against a person is a matter of fact. In practice, very little force is required in order for the offence to be classified as robbery. In R v Dawson [1976] Crim LR 692; Cr App R 170 the defendants crowded around the victim. One of them then pushed him, causing him to lose his balance. This enabled another of the defendants to take the victim’s wallet easily. The Court of Appeal upheld the conviction for robbery.

6. 2 Reading In order to differentiate between the crimes of burglary, aggravated burglary and robbery, it is necessary to identify the key elements in each offence. In burglary, a person must enter a building as a trespasser with intent to steal. In aggravated burglary, a person must be in possession of any weapon of offence at the time he intends to carry out the burglary. A person is guilty of robbery if he steals and uses force on any person or makes any person afraid of being subjected to force. He can do this at the time of the offence or before it.

6. 2 Reading The word steal is interpreted in the same way as the basic definition of theft. In other words, if you steal something, you dishonestly appropriate something belonging to another with the intention of permanently depriving the other of it. Under the terms of the Theft Act, a person convicted of robbery or aggravated burglary is liable to a maximum sentence of life imprisonment. The maximum prison term for burglary is fourteen years.

6. 2 Reading F Study the highlighted sentences in the text. Find and underline the subject, verb and object or complement in each sentence.

6. 2 Reading D Using your ideas from Exercises A, B and C above, write some research questions. E Read the text. Does it answer your questions?

6. 2 Reading What is burglary? As lawyers, we need to be very precise about the way crimes are defined. According to section 9 of the Theft Act 1968, burglary is entering a building or part of a building with the intent to steal. You must trespass. In other words, you must have entered without permission. For example, if your neighbour has gone out and left the door unlocked, and you enter the house intending to steal their mobile phone, you are liable to be prosecuted for burglary. However, imagine a person enters a house for a cup of sugar.

6. 2 Reading She finds that no one is there and then takes the item meaning to return it after going to the shops. A person who behaves in this way has probably not committed an offence under section 9 of the Act because there was no intention to steal. In the case of the phone, if there was an intention to dishonestly appropriate it, an offence has been committed. On the other hand, taking the phone to make an emergency call might be a successful defence. For example, the accused could say that he went outside to make the call because there was no reception in the house and then absent-mindedly put the phone in his pocket and forgot about it.

6. 2 Reading Under section 10(1) of the Theft Act, a person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any offensive weapon or any explosive. The courts have given a wide interpretation to section 10. In R v Stones [1989] 1 WLR 156 the defendant was arrested shortly after burgling a house. The police found he was carrying a kitchen knife.

6. 2 Reading The defendant alleged that he only carried the knife to protect himself and claimed that he had not intended to use it in the burglary. The Court of Appeal decided that section 10 focused on the point that a person had a weapon of offence in his possession at the time of the burglary. If he was carrying a weapon, he might be tempted to use it to commit the burglary. In the later case of R v Kelly [1996] 1 Cr App R, CA Crim the accused broke into a house using a screwdriver. He told the householder to unplug the video and then pushed the screwdriver into his chest. The Court of Appeal held that under section 10 the screwdriver became a weapon of offence on proof that the accused meant to use it to cause injury.

6. 2 Reading Under section 8, a person is guilty of robbery if he steals and, immediately before or at the time of doing so, and in order to do so, he uses force on any person, or seeks to put any person in fear of being then and there subjected to force. The key word, of course, is force. The force must be used immediately before or at the time of the stealing. Force used after theft is complete will not amount to a robbery. Whether force has been used against a person is a matter of fact. In practice, very little force is required in order for the offence to be classified as robbery. In R v Dawson [1976] Crim LR 692; Cr App R 170 the defendants crowded around the victim. One of them then pushed him, causing him to lose his balance. This enabled another of the defendants to take the victim’s wallet easily. The Court of Appeal upheld the conviction for robbery.

6. 2 Reading In order to differentiate between the crimes of burglary, aggravated burglary and robbery, it is necessary to identify the key elements in each offence. In burglary, a person must enter a building as a trespasser with intent to steal. In aggravated burglary, a person must be in possession of any weapon of offence at the time he intends to carry out the burglary. A person is guilty of robbery if he steals and uses force on any person or makes any person afraid of being subjected to force. He can do this at the time of the offence or before it.

6. 2 Reading The word steal is interpreted in the same way as the basic definition of theft. In other words, if you steal something, you dishonestly appropriate something belonging to another with the intention of permanently depriving the other of it. Under the terms of the Theft Act, a person convicted of robbery or aggravated burglary is liable to a maximum sentence of life imprisonment. The maximum prison term for burglary is fourteen years.

6. 2 Reading Subject Verb Object/complement Extra items 1 The differences have important implications in terms of the sentence a person will receive if convicted. In English law, 2 burglary is entering a building or part of a building with the intent to steal. According to section 9 of the Theft Act 1968, 3 A person who has. . . not an offence under section 9 of committed the Act between the three offences behaves in this way probably; because there was no intention to steal.

6. 2 Reading Subject Verb Object/complement Extra items 4 taking the phone to might be a successful defence. On the other hand, 5 a person convicted is liable to a maximum sentence of life imprisonment. Under the terms of the Theft Act, make an emergency call of robbery or aggravated burglary

6. 2 Reading G Two students paraphrased part of the text. 1 Which part of the text is it? 2 Which paraphrase is better? Why?

6. 2 Reading Answers 1 The first part of paragraph 5 2 Student A’s paraphrase is better, because it uses fewer of the words from the original text.

6. 2 Reading H Work in groups. Each group should write a paraphrase of a different part of the text.

6. 2 Reading G Two students paraphrased part of the text. 1 Which part of the text is it? The first part of paragraph 4. 2 Which paraphrase is better? Why? Student B’s paraphrase is better, because it uses fewer of the words from the original text.

6. 3 Extending skills A Study the words in box a from the text in Lesson 2. 1 What part of speech are they in the text? 2 Find one or more words in the text with a similar meaning to each word.

6. 3 Extending skills Word Part of speech Similar meaning trespass (2) v (I) enter without permission (2) intend (2) v (present part) mean (2) steal (2) v (T/ I) dishonestly appropriate (2) accused (2) n (C) defendant (3) allege (3) v (T) claim (3) possession (3) n (U) carrying (3)

6. 3 Extending skills Word Part of speech Similar meaning commit (3) v (T) carry out (5) fear (4) n (C/ U) put in fear of = make afraid of (5) amount to (4) v (T) be classified as (4) crime (5) n (C) offence (5) necessary (5) adj must (not necessary = not have to) (5)

6. 3 Extending skills B Complete the summary with words from Exercise A. You may need to change the form or add extra words Theft Act 1968 covers a number of crimes. Burglary involves trespass in a building with the intent to steal. Aggravated burglary is committed if a person is in possession of a weapon of offence at the time of the burglary. The accused does not actually have to use it. The possession of the weapon is sufficient for the crime to amount to aggravated burglary. Finally, robbery requires the use of force before or at the time the crime is committed. It is not necessary force to be actually used while the person is committing the crime. It is sufficient for a person to put another person in fear of force.

6. 3 Extending skills C Study the words in box b. 1 What is each base word and its legal meaning? 2 How does the affix change the part of speech? 3 What is the meaning in the text in Lesson 2?

6. 3 Extending skills Word Base and meaning Effect of affix Legal meaning burglary (1) burgle (v, T) – steal ~ary = noun ending offence of entering a building with intent to stea something worse; annoy ~ed = past participle ending, makes an adjective using a weapon of offence in a crime implication (1) imply 1. (v, T) – suggest 2. (v, T) – have as an effect or consequence ~ation = noun ending effects or consequences that something has defendant (3) defend (v, T) – give the case against a charge ~ant = noun (person) ending aggravated (1) aggravate (v, T) – make a person who is answering a charge of some sort

6. 3 Extending skills Word Base and meaning Effect of affix Legal meaning householder (3) household (n, C) – a group of people living together in one house ~er = noun (person) ending a person who lives in a particular house; the word does not say whether the person owns or rents the house, like owner/tenant enabled (4) able (adj) – can en~ = make (able) ~ed = past tense made something possible upheld (4) hold (v, T) – come to a up~ = keep the conclusion in a case original said that the ruling of a lower court was correct conviction (4) convict (v, T) – find guilty a guilty verdict ~ion = noun (thing) ending

6. 3 Extending skills D Study sentences A–E on the opposite page. 1 Copy and complete Table 1. Put the parts of each sentence in the correct box. A In R v Phipps and Mc. Gill [1970], Mc. Gill was lent a car which he used to take his wife to the railway station. D As well as being a trespasser, the accused must be carrying a weapon of offence at the time of the burglary. B Three of the crimes with which a person can be charged under the Theft Act will be described here. E Having taken these steps as part of an illegal activity, the accused saw a huge increase in revenue C According to the direction of the trial judge to the jury, the offence of taking without the owner ’s consent had been committed by Mc. Gill when he decided not to return the car at the time which was agreed.

6. 3 Extending skills The answer of D-1 Main S Main V Main O/C Other V + S/O/C Adv. phrases A Mc. Gill was lent a car which he used to take his wife to the railway station. In R v Phipps and Mc. Gill [1970], B Three of the crimes will be described with which a person can be charged under the Theft Act here C the offence of taking without the owner’s consent had been committed when he decided not to return the car at the time which was agreed. According to the direction of the trial judge to the jury, by Mc. Gill

6. 3 Extending skills The answer of D-1 Main S Main V Main O/C Other V + S/O/C D the accused must be carrying a weapon of offence As well as being a trespasser; at the time of the burglary. E the accused saw a huge increase Having taken these in revenue. steps as part of an illegal activity, Adv. phrases

6. 3 Extending skills D-2 Rewrite the main part of each sentence, changing the verb from active to passive or vice versa 2 A A friend lent Mc. Gill a car. . . B I/We/This report will describe three of the crimes. . . C Mc. Gill had committed the offence. . . D A weapon of offence must be carried by the accused. . . E A huge increase in revenue was seen by the accused …

6. 3 Extending skills E Look at the ‘Other verbs’ column in Table 1. 1 How are the clauses linked to the main part of the sentence? 2 In sentences A–C, what does the word which refer to? 3 Make the clauses into complete sentences.

6. 3 Extending skills Answers 1 Awhich B which C when / which D as well as E having A the car B (three) crimes C the time Possible answers: A Mc. Gill used the car to take his wife to the railway station. B A person can be charged with these three crimes under the Theft Act. C Mc. Gill agreed to return the car at a particular time. D The accused must also be a trespasser. E The accused had taken these steps as part of an illegal activity.

6. 4 Extending skills A Make one sentence for each box on the right, using the method given in bold. Include the words in red. Write the sentences as one paragraph.

6. 4 Extending skills A Make one sentence for each box on the right, using the method given in bold. Include the words in red. Write the sentences as one paragraph. Possible answer: In 1970, Mc. Gill borrowed a car which was owned by a friend to drive his wife to the railway station for the Hastings train. In fact, arriving at the station too late for the train, he used the car to drive his wife to Hastings. Although the owner’s permission for this journey hadn’t been given, he didn’t return the car for three days. As a result, the court convicted him, finding him guilty of taking the vehicle without the owner’s consent

6. 4 Extending skills B Study the notes on the opposite page which a student made about the crime of robbery. Write up the information. 1 Divide the notes into sections to make suitable paragraphs. 2 Write a topic sentence for each paragraph. 3 Make full sentences from the notes, joining ideas where possible, to make one continuous text.

6. 4 Extending skills Theft Act 1968 = consolidation previous Acts + covers range of crimes – all = appropriation inc. : ● TWOC ● burglary ● aggravated burglary ● robbery definition of robbery under s. 8 = use of force ● @ time ● before but not nec. inside building (= aggravated burglary)

6. 4 Extending skills 3 main elements of robbery (must exist for conviction): ● steals (s. 1: steal = theft, i. e. , dishonestly appropriate something with the intention of permanently depriving another person of it) ● use or threat of force (no def. in Act but = even min. physical action) ● mens rea poss. defences inc. : ● A uses force on B but A thinks money etc. = his ● force or threat of force used after crime ● force but no theft

6. 4 Extending skills but ‘appropriation temporary’ = no defence (e. g. , Corcoran v Anderton [1980] 72 Cr App R 104: A snatched handbag; it fell to the ground; A ran off without handbag. A was convicted of robbery) case law – statutory interpretation ● R v Robinson [1977] Crim LR 173 = no theft of money (person believed he had a legal right to it) ● R v Clouden [1987] Crim LR 56 = conviction upheld on appeal (although force used to snatch handbag was minimal)

6. 4 Extending skills The answer of 2 -3 Theft Act 1968, which is a consolidation of a number of previous acts, covers a range of crimes involving appropriation. These include: taking without the owner’s consent (TWOC), burglary, aggravated burglary and robbery. Robbery, as defined by section 8 of the Act, requires that the person uses force before, or at the time the robbery is committed. Unlike aggravated burglary, the offence need not take place inside a building.

6. 4 Extending skills The answer of 2 -3 There are three main elements of robbery. Firstly, it is necessary that the person steals. According to section 1, steal has the same meaning as the action of theft. In other words, the person must dishonestly appropriate something with the intention of permanently depriving another person of it. Secondly, there must be force or the threat of force. Force was not specifically defined by the Act. However, the courts have interpreted it to mean even minimal physical action. Thirdly there must be the mens rea of theft. These elements must be present to obtain a conviction.

6. 4 Extending skills The answer of 2 -3 There a number of possible defences to a charge of robbery. For example, if A uses force to demand that B hands over money in the belief that he has a legal right to it. It is also a defence where the force or threat of force occurs after the crime has been committed. Thirdly, there is no robbery if there is force but no theft. However, it is not a defence to say that the appropriation was only temporary. For example, in Corcoran v Anderton [1980] 72 Cr App R 104, A snatched a handbag from B and it fell to the ground. A then ran off without the handbag. A was convicted of robbery. At the time of the action he had the intention of permanently depriving B of her handbag and used force to try to achieve his aim.

6. 4 Extending skills The answer of 2 -3 In R v Robinson [1977] Crim LR 173 the court decided that no theft of money occurred if a person believed he had a legal right to it. In R v Clouden [1987] Crim LR 56 the Court of Appeal upheld the conviction for robbery, even though the force used to snatch a handbag had been minimal.