Seminar 8 Criminal Law LAWS10030 PDF

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1University of ManchesterSchool of Law 2018-Criminal Law LAWS10030/Seminar 8 – Property OffencesReadingJ. Child and D. Ormerod Smith and Hogan’s Essentials of Criminal Law (Oxford 2017) pp. 327-360, 370-379, 386- A. Jackson ‘Goodbye to Ghosh: the UK Supreme Court clarifies the proper test for dishon...

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University of Manchester

School of Law 2018-2019

Criminal Law LAWS10030/20300

Seminar 8 – Property Offences Reading J. Child and D. Ormerod Smith and Hogan’s Essentials of Criminal Law (Oxford 2017) pp. 327-360, 370-379, 386-395 A. Jackson ‘Goodbye to Ghosh: the UK Supreme Court clarifies the proper test for dishonesty to be applied in criminal proceedings’ J. Crim. L. 2017, 81(6), 448-450 R v Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 R v. Hinks [2000] 4 All ER 833 Further Reading S. Parsons ‘Dishonest appropriation after Gomez and Hinks’ J. Crim. L. (2004), 68(6), 520532 C. Clarkson, ‘Theft and Fair Labelling’ (1993) 56 MLR 554 S. Shute ‘Appropriation and the Law of Theft’ [2002] Crim LR 445 D. Ormerod ‘The Fraud Act 2006 – Criminalising Lying’ [2007] Crim LR 193-219

Questions 1. Ann had been invited to a 21st birthday party by a very wealthy friend. She found a dress in a shop that she liked, but when she went to pay for it, her card was declined as her wages had not been paid. As she went to put the dress back on the rail, she decided to put it into her bag. She noticed the shop assistant was watching her and so put it back on the rail and left hurriedly. On her way home Ann went into a newsagent to buy a lottery ticket. The shop was very crowded so she moved to one side to put her change and the ticket in her purse. At that point she realised she had been given too much money but she decided to keep it and left. She called in to see her sister, Barbara, on her way home. She knew Barbara had a pair of diamond earrings and asked if she could borrow them for the party. Barbara refused as she was worried that Ann might lose them. When Barbara went into the kitchen to make tea, Ann slipped into her bedroom where she knew the earrings were and took them, thinking she could return them the next day after the party. Ann still wanted the dress however, so decided to pawn the earrings to get money to buy it. She thought she would be able to redeem them the next day when her wages had cleared. Discuss Ann’s criminal liability.

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2. ‘The law must be formulated with sufficient precision to enable a citizen to regulate his or her conduct.’ Discuss the extent to which the offence of theft as currently defined can be said to accord with this principle.

3. Kate headed to her local department store, Sparks and Mincer, to find a birthday present for her friend Aimi. After unsuccessfully searching for a suitable gift, Kate decided to leave the store and try somewhere else. However, on her way out Kate noticed a beautiful vase tucked behind the cashier desk that she knew Aimi would love. Checking no-one was looking she tiptoed around the desk and put the vase under her jumper. On her way out of the store a security guard tried to stop her but she pushed him out of the way and ran out of the door. As she ran off, she threw the vase over a wall to try to get rid of it. The vase smashed into pieces. Discuss Kate’s criminal liability.

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