Theft

Question 1

Where is the definition of theft given?

Answer 1

S1-7 theft act 1968

Question 2

What does the 1968 theft act state?

Answer 2

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

Question 3

What is the actus reus of theft?

Answer 3

Appropriation s3
Property s4
Belonging to another s5

Question 4

What is the mens Rea of theft

Answer 4

Dishonestly s2
Intention to permanently deprive s6

Question 5

What is the maximum penalty under the theft act?

Answer 5

7 years in prison

Question 6

What does s3 TA 1968 State about appropriation

Answer 6

Any assumption by a person of the rights of an owner amounts to an appropriation

Question 7

R v Pitham and Hehl

Answer 7

D looked after his friend’s Group A’s house and tried to sell furniture to Group B, but never actually went through.

Taken as appropriation as it does not have to be all rights of owner, only one

Question 8

What does the case of Lawrence say about theft (legal principle only)

Answer 8

An owner has the right to destroy, damage, lend and sell. If anyone else assumes those rights it would be considered theft.

Question 9

What happened in the case of Lawrence

Answer 9

Italian student got a taxi in the UK, & he spoke little English. Journey should have cost 50p, driver said more, student offered £1, driver said not enough and took another £6

Consent did not matter here as student was unaware of rights

Question 10

What happened in the case of morris?

Answer 10

D switched price labels of two items to pay a lower price, didnt go through checkout. Ruled the appropriation of switching labels was enough rights.

Question 11

What happened in the case of R V Gomez

Answer 11

D was assistant manager and persuaded manager to sell goods worth £17,00+ and accept 2 checks. Checks were stolen and had no value
There was appropriation.

Question 12

Does there need to be a ‘taking’ of property to constitute appropriation

Answer 12

No (Gomez)

Question 13

What principle did the case of Hinks establish?

Answer 13

Accepting a gift from a vulnerable and trusting person amounts to appropriation

Question 14

What happened in the case of R v Hinks

Answer 14

D was a carer for a gullible old man with Low IQ, encouraged him to give her gifts, acquired £60,000 and a tv set

Question 15

Under s4 of TA 1968 what does property include?

Answer 15

Money and all other property, real and personal including things in action and other intangible property

Question 16

What does R v welsh constitute as property?

Answer 16

A urine sample

Question 17

What does R V Kelly count as property?

Answer 17

Body parts

Question 18

What does r v (Michael) smith view as property?

Answer 18

Prohibited drugs can be stolen

Question 19

What is tangible property

Answer 19

Things that can be touched

Question 20

What is intangible property

Answer 20

Property that can’t be touched? E.g copyright

Question 21

What are things in action?

Answer 21

A kind of intangible property? E.g bank account or check

Question 22

Oxford v moss

Answer 22

Ruled information can’t be stolen as the contents dont change when handed back,

Done after a uni student found the examination paper, read it and returned it

Question 23

Property in relation to wild flowers and and animals

Answer 23

S4(3) you can pick mushrooms and flowers when wild as long as not for commercial purposes

And its not theft to capture an untamed or non captive animal

Question 24

Under s5(1) of the TA act what is the term belonging to another

Answer 24

Property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right or interest

Question 25

What point does R V Turner illustrate

Answer 25

D stole his own car from a garage without paying for the services Showing belonging to doesn’t just apply to the actual owner but also temporary possessions

Question 26

Davidge v Bunnet

Answer 26

This applies to when you’re given money to use it for a particular reason. D was given money by flat sharers to pay gas bill but bought presents

Question 27

Name another case in which money has been misleadingly used

Answer 27

R v wain, when using charity gained money for personal issues

Question 28

What happens if someone receives money by mistake?

Answer 28

Are obligated to return, even if a worker is overpaid

Question 29

AG Reference

Answer 29

Where a police woman was overpaid by employer and found guilty as court held awareness of overpayment and failure to return is theft.

Question 30

R v gilks

Answer 30

If a person fails to return property to rightful owner he will be seen as depriving and intending to deprive the owner D betted on a horse and was mistakenly paid £100, not guilty as gambling transactions are non enforceable

Question 31

What happens if property is lost or abandoned

Answer 31

Stops being property once abandoned so can’t be theft

Question 32

Ricketts v basildon 2010

Answer 32

Held that goods left outside a charity shop weren’t abandoned and remained in position of whoever deposited until taken by charity

Question 33

Though Parliament hasn’t provided a clear definition of dishonesty, which situations have they provided dishonesty will exist in?

Answer 33

-if the property is taken with a view to help others it can still amount to theft -possible to be dishonest even if willing to pay for property

Question 34

Where has the theft act 1968 outlined the appropriation of property is NOT dishonest?

Answer 34

Where the D believes he has the lawful right to deprive the other of it Where the D believes the V would have given consent Where the D believes the property whom it belongs to can’t be discovered by taking reasonable steps

Question 35

What cases has a person believed he had the right to property?

Answer 35

Holden R v small

Question 36

What happened in the case of Holden

Answer 36

D worked at Kwik fit and used some tires, convicted of theft but he appealed saying he wasnt dishonest as others did the same Despite the contract stating that this was forbidden, the conviction was still quashed as the dishonesty was subjective to the D

Question 37

What happened in the case of R v small

Answer 37

D noticed and abandoned car with keys in ignition, filled up tank and drove away. This was taken as honest behaviour

Question 38

What is the test for dishonesty?

Answer 38

Previously gosh test but now Ivey test

Question 39

What happened in Ivey v genting casino?

Answer 39

D was a poker player who won £7.7 mil using cheats, despite entering a contract with no cheating Established the Ivey test for only civil law

Question 40

What happened in the case of R V Booth and Barton

Answer 40

D targeted wealthy residents in a care home for over 20 years and manipulated them into gaining £4,000,000 from wills etc. This made Ivery standard in criminal law too, D found guilty

Question 41

What is the Ivey test

Answer 41

If D’s conduct is dishonest by standards of ordinary decent people If this is true, conduct is dishonest

Question 42

What does S6(1) state about intention to permanently deprive

Answer 42

Even if the defendant does not want the V to lose the property, it can still be theft if D’s intention is to treat the thing as his own to dispose of, regardless of the others rights. Including borrowing and lending. Must have intent at same time as appropriation

Question 43

Where are cases where the D intends to return the property from the beginning but is still theft?

Answer 43

Velumyl R v Raphael

Question 44

What happened in the case of Velumyl

Answer 44

The D took £1050 from the safe of a company he worked for, he argued it was only temporary COA upheld conviction as the banknotes wouldn’t be the same

Question 45

What happened in the case of R V Raphael?

Answer 45

Two D’s took V’s car forcefully and tried to sell it back to him, convicted as they treated the car as their own by selling it

Question 46

What happened in the case of DPP V Lavander

Answer 46

Interpreted the section: intending to treat the property as your own to dispose of, regardless of the other’s rights D took doors from a council property being repaired and gave it to his girlfriend in the same council D treated them as his own= theft

Question 47

What does R V Lloyds and others say on borrowing

Answer 47

Borrowing will only amount to intention to permanently deprive if use or duration make it equivalent to taking or disposal D was a cinema projectionist who allowed his friend to copy the films he borrowed, as there was no decline in value upon return, it was not theft

Question 48

What is conditional intention?

Answer 48

Where the d attempts to steal but realises there’s nothing of worth in a bag etc and leaves

Question 49

What happened in the case of Eason?

Answer 49

D rummaged through a hand bag and didnt take anything, conviction quashed

Question 50

What happened in the case of AG reference no1 & 2 in regards to conditional intent

Answer 50

It would now amount to attempted theft/burglary