Theft

Question 1

Theft Act 1968 s1(1)

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

S3(1) : Any assumption by a person of the rights of an owner

Answer 2

Assumption= taking on or over

Destroying property

Selling property

Lending out property

Question 3

R v Morris

Answer 3

assuming the right of the owner to change/ decide the price.

Question 4

R v Pitham and Hehl

Answer 4

Assumed the right to offer property for sale

Question 5

Lawrence v MPC

Answer 5

Even if the victim consents, there can still be an appropriation if the consent is not genuine / based on the true situation

Question 6

R v Hinks

Answer 6

accepting a valid gift can sometimes amount to an appropriation especially if the gifter is vulnerable

Question 7

S3(1)- Appropriation also includes

Answer 7

Where D initially comes across property innocently but later assumes a right by keeping / dealing with property as if the owner (e.g finding money on the floor)

Question 8

s4 (1)

Answer 8

property includes money and all other property, real or personal, including things in action and other intangible property

Question 9

Exceptions in s4(2)

Answer 9

Someone who severs anything that is part of the land from the land.

A tenant takes a fixture or structure from the land let to him.

Someone legally entrusted to look after the land abuses his power.

Question 10

Although land is property s4(1)…

Answer 10

General rule: Land is not property

Question 10

Exception to R v Kelly & Lindsay general rule

Answer 10

Body parts may become “property” if they acquire value, ie educational or artistic

Question 10

R v Welsh

Answer 10

Bodily fluids eg urine, are property and can be stolen if in another’s possession.

Question 11

R v Kelly & Lindsay general rule

Answer 11

A corpse and body parts are NOT property

Question 11

R v Akbar

Answer 11

personal property

Question 11

Oxford v Moss

Answer 11

Information/knowledge is NOT property

Question 12

S5(1)

Answer 12

‘Belonging to another’ includes anyone with ‘possession’ or ‘control’ of the property or with a ‘proprietary right/interest’ in property

Question 13

R v Turner

Answer 13

the legal owner of property is capable of stealing his own property if the “possession” or “control” is with someone else.

Question 14

Rickets v Basildon Magistrates

Answer 14

original owner still has a proprietary interest in the property until his intention is fulfilled

Question 15

s5 (3)

Answer 15

Property is received under a legal obligation to deal with it in a particular way

Question 16

Davidge v Burnett

Answer 16

If there is a legal obligation to deal with property in a particular way then it still “belongs to another”

Question 17

A-G’s reference (No 1 of 1983)

Answer 17

If property is received by mistake and D is under a legal obligation to return it then it still “belongs to another”

Question 18

S2 Theft Act 1968

Answer 18

The appropriation must be dishonest

Question 19

2 (1) (a)

Answer 19

A defendant may NOT be dishonest if he believes he has a legal right to deprive the other of the property

Question 20

2 (1)( b)

Answer 20

A defendant may NOT be dishonest if he believes the owner would have consented to the appropriation if they knew of it and its circumstances

Question 21

2 (1)(c)

Answer 21

A defendant may NOT be dishonest if he believes the owner cannot be discovered by taking reasonable steps

Question 22

Robinson

Answer 22

2 (1) (a) case example

Question 23

Holden

Answer 23

2 (1)( b) case example

Question 24

Small

Answer 24

2 (1)(c) case example

Question 25

S2(2)

Answer 25

D may still be dishonest even though he is willing to pay for the property

Question 26

Ivey V Genting Casinos

Answer 26

The jury will decide 2 things; what did D know the facts of the situation to be AND whether D’s conduct was dishonest, on those facts, according to the ordinary standards of reasonable and honest people. (civil case)

Question 27

R v Barton and Booth

Answer 27

Ivey V Genting Casinos now applies to criminal offences

Question 28

S6(1)

Answer 28

Intending to treat the property as one’s own to dispose of (ie deal with) regardless of owner’s rights. (intention to permanantly deprive)

Question 29

DPP v Lavender

Answer 29

S6(1) case example

Question 30

R v Warner

Answer 30

Must prove intention to **permanently** deprive

Question 31

R Velumyl

Answer 31

proved intention to permanently deprive

Question 32

R v Lloyd

Answer 32

Borrowing can amount to an intent to perm deprive if property is kept for a long time and in circumstances that make it equivalent to outright taking

Question 33

R v Easom

Answer 33

Conditional intent is NOT sufficient for theft.