Theft

Question 1

Definition of the Theft Act 1968

Answer 1

a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.”

Question 2

Appropriation (s3) refers to what

Answer 2

Appropriation is much more than just taking something. It is defined in
s. 3(1) TA68 as any assumption of any rights of the owner.

Question 3

Identify the AR of Theft

Answer 3

Appropriation (s3), Property (4) and belonging to another (s5)

Question 4

Identify the MR of Theft

Answer 4

Dishonesty (s2) and Intention to permanently deprive (s6)

Question 5

principle in R v Morris

Answer 5

Switching labels on items to pay a lower price is an appropriation for theft

Question 6

Principle in Corcoran v Anderton

Answer 6

Tugging a handbag can be an appropriation (even if the victim does not let go).

Question 7

Principle in R v Lawrence

Answer 7

COA and HOL both stated that taking with consent of the owner was still appropriation

Question 8

Principle in R v Hinks

Answer 8

The HOL decided on a majority of 3 to 2 that accepting a valid gift is appropriation. This has the advantage of protecting vulnerable people.

Question 9

In property (s4) this can include….

Answer 9

Money
Personal property
Land and buildings
Things in action (cheques; bank accounts in credit)
Tangible personal property

Question 10

Principle in R v Kelly and Lindsay

Answer 10

A dead body is not normally ‘property’ but the body parts in this case were property because they had acquired some value by the dissection and preserving techniques.

Question 11

Principle in Oxford v Moss

Answer 11

Information written on an examination paper was held not to be property.
D was liable for stealing the examination paper itself but not the information on it!

Question 12

In Theft Act 1968 what things cannot be stolen

Answer 12

Wild mushrooms s4(3); wild flowers s4(3) and wild creatures s4(4)

Question 13

What does belonging to another (s5) refer to

Answer 13

“Belonging to another” is given a very wide definition by the Theft Act and includes possession or control, as well as proprietary interests.

Possession
Control
Proprietary right

Question 14

principle in R v Turner (No. 2) (1971)

Answer 14

D was guilty of stealing his own car when he took it from the possession and control of the garage without their knowledge.

Question 15

Principle in R v Woodman

Answer 15

D took scrap metal from a disused factory site. The occupiers of the site were unaware that the scrap metal was there.
D can be liable for stealing property that the person in possession doesn’t even know is there.

Question 16

Identify the case for Property received under an obligation – s. 5 (3)

Answer 16

Davidge v Bunnett (1984

Question 17

Identify the case in Property obtained by a mistake– s. 5(4)

Answer 17

AG’s Reference (No. 1 of 1983) (1985)

Question 18

What was held in AG’s Reference (No. 1 of 1983) (1985)

Answer 18

COA held that if there was not an honest attempt to pay back the money then there could be a theft. However the jury acquitted.

Question 19

When is behaviour not dishonest

Answer 19

s.2(1)(a):
D believes he has the legal right to the property.
s.2(1)(b)
D believes he would have the other’s consent.
s.2 (1) (c)
D believes the owner of the property cannot be discovered by taking reasonable steps.

Question 20

What common law test do we use for dishonesty

Answer 20

R v Barton and Booth (2020)

Question 21

What section is intention to permanently deprive in TA1968

Answer 21

S6

Question 22

What is the 2 part test that we apply from Barton and Booth (2020)

Answer 22

What was the D’s knowledge or belief as to the facts and;
Would an ordinary and reasonable person, believing the same facts as the D, consider them to be dishonest

Question 23

what is the principle in R v Velumyl (1989)

Answer 23

D’s conviction for theft was upheld. The banknotes he intended to replace the stolen money with would be different banknotes so he did have the intention to permanently deprive.

Question 24

principle in R v Llyod

Answer 24

The court held that borrowing could be theft under s. 6 if the property was borrowed ‘until the goodness, the virtue, the practical value …has gone out of the article’.

Question 25

principle in R v Easom

Answer 25

COA quashed D's conviction for theft stating that the "conditional" intention to deprive was not enough to satisfy the mens rea of theft.