THEFT

Question 1

S1(1) Theft Act 1968

Answer 1

Theft is dishonestly appropriating property belonging to another with the intention to permanently deprive

Question 2

s3(1)

Answer 2

Appropriation means D assumes the rights of an owner (ie acts like they own the property)

Question 3

R v Morris

Answer 3

D only needs to assume 1 right to have appropriated property (rather than all rights of an owner)

Question 4

R v Pitham and Hehl

Answer 4

Property can be appropriated even if D never touches/removes the property (as long as they still have assumed rights by acting like they own it)

Question 5

Lawrence v MPC

Answer 5

Property can still be appropriated regardless of weather the taking was consensual

Question 6

R v Hinks

Answer 6

Even accepting a genuine gift can be an appropriation

Question 7

s3(1)

Answer 7

Appropriations may initially be innocent, and later turn into
dishonest appropriations

Question 8

s4(1)

Answer 8

Property can be money (cash), real (land), personal (any other
physical item), things in action (money in a bank account) or other intangible objects (copyrights)

Question 9

s4(2)

Answer 9

Land can only really be stolen if something attached to the land is severed from it; if a tennant removes/damages a fixture of the land let to him; or if someone trusted with the property abuses their power.

Question 10

R v Welsh

Answer 10

Bodily fluids do count as personal property

Question 11

R v Kelly and Lindsay

Answer 11

Body parts do NOT count as property unless they are for medical, scientific or educational use.

Question 12

Oxford v Moss

Answer 12

Information/Knowledge does NOT count as property

Question 13

s5(1)

Answer 13

Belonging to another means someone other than D has
possession, control, or proprietary rights over the property

Question 14

R v Turner

Answer 14

Even if D technically owns property, it may still belong to another if they have possession or control over it.

Question 15

Ricketts v Basildon Magistrates

Answer 15

For property to be abandoned, the owner must have had no
specific intention for what happened to it. Otherwise, the owner retains a proprietary interest in the property until their intention is fulfilled.

Question 16

s5(3) Davidge v Burnett

Answer 16

Where D is given property with a legal obligation for how to use it, the property still belongs to another

Question 17

s5(4) AG Ref (No 1 of 1983)

Answer 17

Where D is given property by mistake, the property still belongs to another

Question 18

s2(1)(a) ROBINSON

Answer 18

D is not dishonest if he believes he has a legal right to the property

Question 19

s2(1)(b) HOLDEN

Answer 19

D is not dishonest if he believes the owner would consent to the taking in the circumstances

Question 20

s2(1)(c) SMALL

Answer 20

D is not dishonest if he believes the owner could not be found by taking reasonable steps

Question 21

s2(2)

Answer 21

D taking the property may still be dishonest even if they were willing to pay for the property

Question 22

Ivey v Genting (the Ivey test)

Answer 22

If the exceptions don’t apply, it sets out a 2 part test to be applied
The only way for the jury to find D dishonest is:
1. Decide what D believed the circumstances of the situation
to be, then
2. Decide if D’s conduct (in those circumstances) would be
dishonest by the ordinary standards of the reasonable and
honest person

Question 23

s6(1)

Answer 23

Intention to permanently deprive means D INTENDED to treat property as their own to dispose of

Question 24

DPP v Lavender

Answer 24

Even if D does not remove property, intending to permanently
treat it as their own is enough

Question 25

R Velumyl

Answer 25

Borrowing means D returns the EXACT same item that they took (not something of equivalent value)

Question 26

s6(1) borrowing

Answer 26

Something goes past borrowing when the property is kept for such time or such circumstances that it amounts to an outright taking (see Lloyd)

Question 27

R v Lloyd

Answer 27

Borrowing ends when the goodness, value and virtue has been removed from the property.

Question 28

s1(2)

Answer 28

It is immaterial whether the appropiation is made with view to gain, or is made for the thiefs own benefit

Question 29

Barton and Booth

Answer 29

Ivey dishonesty test applies now to criminal defences