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A Level Law (Criminal) Assignment 16 - Property Offences

Task

You will be set one of the following questions:

 

1. Discuss whether the law relating to dishonesty and appropriation in theft is now in a satisfactory state.

(June 2001)

or

2. Nicola and Jimmy are heroin addicts. One day they are so short of money to buy their next fix of heroin that they decide to 'mug' an old lady passing by in the street. Nicola distracts her whilst Jimmy creeps up from behind and snatches her bag, pushing her to the ground as he does so.

When they open the bag, they find some money, which they decide to keep, a bunch of keys and a pension book with the old lady's address on it. They go to her house using the keys to get in. However, once inside, they can find nothing worth stealing. In frustration, they smash the ceramic sink and bath with a hammer that they have found and then run off.

(June 2001)

or

3. Hugh and Keith, who are both aged 18, share a squat. They frequently steal goods which they then sell. Hugh knows that his father, Colin, has put a mountain bike in the shed at the top of Colin's garden saying that he doesn't use it anymore. One night, Hugh sneaks round to his father's house and takes the bike with a view to selling it.

Keith drinks half a bottle of whisky and, while Hugh is out, searches through Hugh's jacket intending to take any money he might find. He doesn't find any so he drinks the rest of the bottle of whisky and walks down to the local supermarket. There he places several items inside his coat unaware that Aziza, a store detective, is watching him. As soon as he passes the cash till without paying for any of the items Aziza stops him. Keith pushes Aziza aside causing her to fall and bruise her arm. Keith then runs out of the store.

 

Advise Hugh and Keith of their criminal liability.

(June 2000)

or

4. Janice checked in at the Littleton Golf and Country Club Motel. She produced a forged Country Club Gold Card. Genuine entitlement to such a card gave the owner a 20% discount on products and services sold and provided by participating clubs, including Littleton. She used the card to hire a room for the night and received a complimentary meal voucher given to all Gold card holders who stayed overnight at the Club. Before going into the restaurant, she decided to have a drink in the bar. She discovered that there was no one in the bar but she noticed that the cash till had been left open. She went behind the counter intending to take any cash she might find but she discovered that the till was empty. She then went into the restaurant and used the voucher to order a meal. The following morning she checked out of the motel having paid the discounted price for the room.

Discuss Janice's liability.

(June 1999)

or

5. Fingers was a professional thief. He went into a branch of the National Building Bank and waited for a customer to make a large cash withdrawal. Brenda came into the bank and drew out £400. Fingers watched her put the money into her purse which she then placed into her bag. While she was distracted by someone dropping some coins on the floor, Fingers took the purse from her bag. Brenda realised what was happening and shouted out. Fingers dropped the purse and went to run out of the bank. Kevin, a customer, tried to block his way but Fingers pushed him aside causing him to fall and bruise his arm.

Once outside, Fingers immediately hailed a taxi and asked the driver to take him to the railway station. When they arrived at the station Fingers asked if he could pay by cheque and the taxi driver reluctantly agreed. Fingers gave the driver a cheque which he had stolen earlier.

Discuss Fingers' criminal Liability.

(June 1998)

or

6. What offences, if any, have been committed under the Theft Act 1968 as a result of the following occurrences in Albert's department store?

(a) Dave, who works in the fruit department, picks blackberries growing wild in a nearby forest. He sells them in the store and gives the proceeds to charity. [10 marks]

(b) Eric, who works in the glass and china department, borrows a valuable set of six plates for a dinner party he is holding at home. In an effort to impress his dinner guests, Eric juggles with two of the plates but drops and smashes them. Eric returns the remaining four plates the next day. [10 marks]

(c) Flora, a cashier, in contravention of her employer's strict instructions, takes a £10 note from the till. She fully intends to replace the money from her pay packet the following day. During her lunchbreak, she uses the £10 note to bet on a horse which wins at odds of 3 to 1. She puts £10 from the winnings back into the till before her employer discovers what she has done. [10 marks]

(d) Gilbert, a former employee of the store, was dismissed after striking a fellow worker. Gilbert was informed by letter that he was no longer permitted to enter the store for any purpose. At home, Gilbert prepares a set of stick-on price labels which are identical to those used in the department store. He enters the store intending to swap the true price labels from goods in the food department with his own labels, thus enabling him to purchase the goods at a much lower price. Gilbert swaps the labels on two tins of salmon and a jar of coffee. He then changes his mind and leaves the store having replaced the items back on the shelf. [20 marks]

(June 1997)

or

7. What offences, if any, are committed under sections 1-3 of the Theft Act 1978 or section 15 of the Theft Act 1968 as a result of the following separate occurrences?

(a) Len fills his car with petrol at a self-service petrol station and only then realises he is unable to pay. He drives away at high speed. [10 marks]

(b) Mick fills his car with petrol at a self-service petrol station realising at the outset he will be unable to pay. Mick gives the attendant a cheque which he knows will bounce because there are insufficient funds in his account. [15]

(c) Nora has a 'wash and blow dry' from a hairdresser. When the hairdresser is distracted by a telephone call, Nora quietly slips away without paying. [10]

(d) Pam borrows £50 from Quentin. It is agreed that Pam will pay Quentin back at the rate of £5 per week for ten weeks. Unknown to Quentin, Pam resolves that she will never repay Quentin and will use whatever excuses are necessary to put him off. Therefore, when Quentin calls to collect the first instalment of £5, Pam falsely tells Quentin that she has been made redundant. Quentin agrees to wait for payment. [15]

(June 1997)

or

8. Analyse the meaning of the words 'appropriation' and 'dishonesty' within the Theft Act 1968.

(June 1996)

or

9. Eric, a painter and decorator, obtains admittance to Violet's house by offering to decorate her house at a 'special offer price'. After some discussion, he asks to inspect her rooms so that he may give her a firm quotation. She tells him that she only wants the front lounge and the two front bedrooms decorated. Eric then goes round these rooms. While in the front lounge, he takes Violet's purse and puts it in his pocket intending to keep it.

When upstairs, Eric enters Violet's bedroom which is at the rear of the house to see if he can find anything worth stealing. He finds her jewellery and puts it in his pocket. Violet becomes suspicious when she hears footsteps at the rear of the house and goes upstairs. She sees Eric in her bedroom and when he tries to escape she blocks his exit. He throws her on to the bed and forces her to have sexual intercourse with him. As he runs away he shouts at Violet, 'Ring the police and I'll be back to burn this place down'. Violet replies, 'You don't frighten me,' and immediately telephones the police.

 

Consider Eric's criminal liability.

(June 1996)

or

10. Norbert decides to enjoy a weekend break at the Royal Hotel, Blackpool. What offences, if any, does Norbert commit in the following separate situations?

(a) In order to board the train at Manchester, Norbert quickly shows the ticket inspector an out-of-date season ticket. [10 marks]

(b) When leaving the train at Blackpool, he falsely tells the ticket collector that his wallet containing his train ticket was stolen during the journey. The ticket collector accepts this explanation and allows Norbert to leave the station. [10]

(c) Norbert gets a taxi from Blackpool Station to the hotel. During the course of the journey Norbert realises he has left his hand luggage containing his money on the train. When the taxi stops at traffic lights, Norbert gets out and runs away. [10]

(d) During his stay at the hotel, Norbert enters the room of another guest, Oliver, intending to steal any money he might find. Frustrated at being unable to find any money, he rips all Oliver's clothes which are hanging in the wardrobe. [20]

(June 1995)

or

11. What offences, if any, have been committed as a result of the following occurrences in the Heaton department store?

(a) D, who works in the electrical department, borrows an electric drill, without telling his supervisor, for the weekend. When he returns the drill its motor has burnt out. [10 marks]

(b) E, a cleaner of low intelligence, finds a diamond ring in the ladies' cloakroom. She keeps the ring. When this is discovered she says she did not realise it would be possible to find the owner. [10]

(c) F, the flower department manager, picks daffodils growing wild in nearby woods. He sells them in the store and keeps the proceeds. [10]

(d) G, a customer in the self-service food department, takes a number of items from a shelf and places them into the wire basket provided by the store. G then takes a tin of salmon from the shelf and places it into his coat pocket. G is detained by a store detective before he leaves the food department. G admits it was his intention to take the salmon and the other items in the basket from the store without payment. [20]

(June 1994)

or

12. T orders a taxi to take him to the railway station. What offences, if any, does T commit in the following separate situations if:

(a) T resolves not to pay before ordering the taxi. The journey is completed and T does not pay; [10 marks]

(b) T falsely tells the driver during the journey that he is unemployed and homeless. The driver feels sorry for him and does not require payment; [15]

(c) at the end of the journey T threatens to assault the driver and takes £50 from the driver's wallet; [10]

(d) at the end of the journey T discovers he has left his money at home. Too embarrassed to explain, he runs away from the taxi intending to trace and pay the driver later. [15]

(June 1994)

or

13. 'In many cases proof of dishonesty will also establish … an appropriation but in some cases it will not. Likewise, a person may appropriate property and yet may not be dishonest.' (Allen and Cooper)

With reference to the above comment, critically evaluate how the courts have interpreted the concepts of appropriation and dishonesty within the Theft Act 1968.

(June 1993)

or

14. John, a 17-year old student, takes his father's cheque-book, Visa card, driving licence and football club season ticket from his desk drawer. Using the driving licence, John hires a car from 'Self Drive Cars Ltd'. He pays by means of a cheque drawn on his father's account. He spends the afternoon at a football match using the season ticket to gain entry.

Arthur, a violent criminal, discovers what John has done and threatens to tell the police and beat him up, unless John obtains a cash advance of £100 from the bank's automatic dispensing machine using the Visa card. Frightened, John obtains the £100 and gives the money to Arthur. John is now worried that his father will find out what has happened and returns all the documents to the desk drawer and the car to 'Self Drive Cars Ltd'.

What offences has John committed and what defences might he have?

(June 1993)

or

15. Critically assess the effectiveness of the Theft Act 1978.

(June 1992)

or

16. Jack and Jill Sprat visit 'Mackerels' restaurant. Jack Sprat has no money and intends to leave after his meal without paying the bill. After they have eaten their meal and whilst Jill is drinking her coffee, Jack says he is stepping out for some fresh air and goes home. Jill realises that Jack is not returning and pays the bill by credit card, even though she is aware that her credit limit is already exceeded.

Upon leaving the restaurant she places some loose change in a box labelled 'Save the Children Fund'. At the end of the week Prawn, the owner of the restaurant, empties the box and keeps the money.

Consider the criminal liability, if any, of (a) Jack (b) Jill (c) Prawn, for offences under the Theft Acts 1968 and 1978.

(June 1992)

or

17. Alan, a spoilt child, is doted upon by his mother, Belle. One day Alan demands that his mother get him a computer, and threatens to leave home unless she does.

Belle, who has no money, goes to Colin's electronics shop, hoping either that Colin will grant her credit, or that she will be able to take a computer without Colin noticing. When Colin's back is turned she takes a box, labelled 'computer', from the shelves. However, its lightness tells her the box is empty, and she replaces it. She is about to take another when Colin sees her acting suspiciously. Belle breaks down and tells Colin the whole story.

 

Discuss the criminal liability, if any, of Belle.

How, if at all, would your answer be different, had Alan threatened, not to run away, but to kill his father?

(June 1991)

or

18. Fred (who is temporarily incapacitated) gives his neighbour, Eric, his car keys and a £10 note, and asks Eric to put £10's worth of petrol in Fred's car. Eric agrees.

While driving to the petrol station, Eric discovers a chocolate bar on the dashboard and eats it. Eric fills the car with petrol but drives away from the filling station without paying, when he sees that the attendant is not watching him. Eric is later driving in excess of the speed limit and without lights when he runs over and kills George, a pedestrian, who is crossing the road. With lights he would have seen George in time to stop.

Eric returns the car to Fred, but keeps the £10.

Discuss the criminal liability, if any, of Eric.

(June 1991)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

 

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