11 Theft

Question 1

Is information property?

Answer 1

-no, Oxford v Moss [1979]

Question 2

Can a person steak their own property?

Answer 2

-yes if it is under the legal control of another person I.e. A car from a garage - Turner (no. 2) 1971

Question 3

What is appropriation?

Answer 3

-assumption of any rights of the owner - Morris and s.3(1)

I.e. Touching someone’s property/offering it for sale - Pitham and Hale 1976/destroying property

-an appropriation does not need to adversely affect the rights of the owner - Morris

Question 4

What did Gomez (1993) find?

Answer 4

-an act expressly authorised by the owner may still amount to appropriation

Question 5

What did Hinks find?

Answer 5

• 2000

- receiving of a gift may be an appropriation

Question 6

What might count as an intention permanently to deprive?

Answer 6

• throwing Dickens out of the train window

- equivalent to an outright taking the. Intention permanently to deprive is found

Question 7

In what circumstances will s person not be deemed dishonest?

Answer 7

1. Belief that they have the right
2. Belief that the owner would consent
3. Belief that the owner could not be found

Question 8

What is the common law test for dishonesty?

Answer 8

• the Ghosh (1982) test
  1) objective test - was D dishonest based on the standards of reasonable and honest people?
  2) subjective test - would D realise that reasonable and honest people would regard what he did as dishonest?

Question 9

What are the 5 elements of theft?

Answer 9

1. Appropriation
2. Of property
3. Belonging to another
4. Dishonestly
5. With intention permanently to deprive