Theft

Question 1

S.1 Theft Act 1968

Answer 1

A person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 2

S.2?

Answer 2

Dishonesty

Question 3

S.2(1)

Answer 3

A person will not be regarded as dishonest is they appropriate property in belief that:

Question 4

(a) s2(1)(a)

Answer 4

He has a right in law

Question 5

Holden (1991)

Answer 5

Belief he has a right in law.

Question 6

(b) s2(1)(b)

Answer 6

the owner would have consented in the circumstances

Question 7

(c) s2 (1)(c) Small (1988)

Answer 7

The owner cannot be discovered by taking reasonable steps

Question 8

What cases gives us the test for dishonesty?

Answer 8

R v Barton and Booth

Question 9

What is the test for dishonesty?

Answer 9

Whether an ordinary and reasonable person, believing the same facts as the defendant, would consider them to be dishonest.

Question 10

S.3(1)

Answer 10

Any assumption by a person of the rights of an owner amount to appropriation and this includes where he has come by the property (innocently or not) without the stealing it, any later assumption of a right to it by keeping or dealing with it as the owner.

Question 11

R v Pitham and Hehl

Answer 11

Even if the owner was never deprived of the property, D can appropriate by assuming the right of the owners - this includes the right sell the property

Question 12

Morris (1983)

Answer 12

Labels swapping amounts appropriation

Question 13

R v Lawrence (1971)

Answer 13

Lack of informed consent can be an appropriation

Question 14

R v Gomez (1993)

Answer 14

Theft can occur even when the owner of the property consented to it being taken

Question 15

R v Hinks (2000)

Answer 15

Accepting a gift can amount to appropriation

Question 16

S3(1)

Answer 16

States that if a person acquires property without stealing it, there will be an appropriation if they decide to keep it or deal with it as the owner.

Question 17

S4 (1)

Answer 17

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

Question 18

Kelly v Lindsey (1998)

Answer 18

Theft can occur to bodies if they posses “different attributes by virtue of the application of skill, such as dissection or preservation techniques, for exhibition or teaching purposes.

Question 20

What is real property?

Answer 20

Land and buildings

Question 21

What is a thing in action?

Answer 21

Debit account, cheque, ticket, shares

Question 22

What is intangible property?

Answer 22

Rights that have no physical presence, data in game/ patent

Question 23

What is personal property?

Answer 23

Anything that can be moved, CD, Tv, Cars, Money.

Question 24

Oxford v Moss (1979)

Answer 24

Information cannot be stolen

Question 25

s 4(3)

Answer 25

Plants growing wild cannot be stolen unless taken for commercial purposes

Question 26

s 4 (4)

Answer 26

Wild creatures taken from an estate cannot be stolen, unless tamed or kept in captivity e.g zoo

Question 27

s4 (2)

Answer 27

Land can be stolen

Question 28

Examples in which land can be stolen

Answer 28

1. By a trustee 2. Where someone not in possession of the land severs something from it 3. Or a tenant takes a fixture or structure from the land to led to him.

Question 29

S. 5 (1)

Answer 29

Property shall be regarded as belonging to anyone having possession or control of it or a proprietary right or interest

Question 30

R v Turner (1971)

Answer 30

If your property is in possession or control of another you can be guilty of stealing your own property

Question 31

R v Basildon Magistrates (2010)

Answer 31

Abandoned property can be stolen

Question 32

Proprietary Interest

Answer 32

D can be guilty of theft if another person has proprietary interests

Question 33

R v Webster (2006)

Question 34

S 5 (3)

Answer 34

Property received for a particular purpose/ under obligation

Question 35

Davidge V Bunnett (1984)

Answer 35

D had a legal obligation to deal with the money in a particular way and as she had not, she was guilty of theft

Question 36

s 6(1)

Answer 36

Intention to permenantly deprive

Question 37

R v Velumyl

Answer 37

Even if intended to replace them with others to the same value later, this was still theft.

Question 38

DPP v Lavender (1994)

Answer 38

Treat the doors as his own despite them being owned by the council.

Question 39

Borrowing and lending

Answer 39

Borrowing is only theft if it in circumstances equivalent to an outright taking or disposal of the propertyR

Question 40

R v Llloyd

Answer 40

The question to ask is has the "goodness, virtue and practical value" gone

Question 41

Conditional intent, Ag Ref No1 & 2 of 1979

Answer 41

could be charged with attempting to steal some or all of the contents of the bag.