Theft

Question 1

What is the AR of theft?

Answer 1

1. Appropriation
2. Of property
3. Belonging to another

Question 2

What does “appropriation” mean?

Answer 2

Any assumption of the rights of an owner (Section 3(1) Theft Act 1968)

Question 3

A defendant only needs to appropriate any single right of an owner. Which case?

Answer 3

R v Morris

Question 4

Consent to the appropriation is irrelevant. Which case?

Answer 4

R v Gomez

Question 5

A gift is still appropriation. Which case?

Answer 5

R v Hinks

Question 6

Confidential information cannot be “property”. Which case?

Answer 6

Oxford v Moss

Question 7

It is possible to steal property you already own. Which case?

Answer 7

R v Turner

Question 8

Lost property is not abandoned. Which case?

Answer 8

Hibbert v McKiernan

Question 9

What is the MR of theft?

Answer 9

1. Intention to permanently deprive

2. Dishonesty

Question 10

Borrowing will only be an intention to permanently deprive if it is returned in such a state in which “all of its goodness and virtue is gone”. Which case?

Answer 10

LLoyd

Question 11

What is the test for dishonesty?

Answer 11

Ghosh:

1. Would the honest and reasonable person regard what D did as dishonest?
2. Did D realise that the honest and reasonable person would regard what D did as dishonest?

Question 12

Borrowing money always creates an intention to permanently deprive, unless the same coins and notes are returned. Which case?

Answer 12

R v Velumyl