Theft (OAP)

Question 1

What is the definition of theft?

Answer 1

The dishonest appropriation of property belonging to another with the intention to permanently deprive

Question 2

AR appropriation

Which section of the Theft Act 1968 establishes appropriation?

Answer 2

Section three

Question 3

AR Appropriation

Which case establishes that only one of the rights of the owner needs to appropriated?

Answer 3

R v Morris

Question 4

AR appropriation

Which case establishes that offering sale of property is appropriation?

Answer 4

Pitham v Hehl

Question 5

AR Appropriation

Which case establishes that there can be an appropriation despite the owner’s rights?

Answer 5

R v Lawrence

Question 6

AR Appropriation

Which case establishes hat accepting a gift can amount to an appropriation?

Answer 6

R v Hinks

Question 7

AR Property

Which section of the act establishes property?

Answer 7

Section 4

Question 8

AR Property

Which case establishes that information does not amount to property?

Answer 8

Oxford v Moss

Question 9

AR Property

Which section of the act establishes that land isn’t property unless appropriated by a trustee; someone not in possession of the land severs something; or a tenant appropriates a fixture?

Answer 9

Section 4, subsection 2

Question 10

AR Property

Which section of the act establishes that wild flowers are not property unless taken for reward/commercial purpose?

Answer 10

Section 4 subsection 3

Question 11

AR Property

Which section of the act establishes that wild animals are not property unless tamed?

Answer 11

Section four subsection 4

Question 12

AR belonging to another

Which section of the act does belonging to another come under?

Answer 12

Section 5

Question 13

AR belonging to another

Which case establishes the the D can steal their own property even if its in someone else’s posession?

Answer 13

Turner No. 2

Question 14

AR belonging to another

Which case establishes that goods outside a charity shop belong to the person who put them there?

Answer 14

Ricketts v Basildon

Question 15

AR belonging to another

Which case establishes that goods in a bin belong to othe person who put them there?

Answer 15

Williams v Philips

Question 16

AR belonging to another

What does section 5 subsection 3 and the case of Davidge v Bennett establish?

Answer 16

Property recieved under obligation belongs to the person who gave it to the D until they deal with it in accordance with the obligation

Question 17

MR dishonesty

Which section does the Mens rea of dishonesty come under?

Answer 17

Section 2 of the Theft Act 1968

Question 18

MR dishonesty

Which section of the act and case establishes that the D believs he has right to the property?

Answer 18

Section 2(1a) and R v Robinson

Question 19

MR disonesty

Which section of the act establishes that the D believes the owner would consent if they knew of the D’s appropriation?

Answer 19

Section 2 (1b)

Question 20

MR dishonesty

What does section 2 subsection 1c of the act establish?

Answer 20

That the person to whom the property belongs cannot be discovered bt raking reasonable steps

Question 21

MR dishonesty

What test is used to determine Dishonesty?

Answer 21

Ivey v Genting Casinos

Question 22

MR dishonesty

What does the Ivey test ask?

Answer 22

• What was the actual state of D’s knowledge or belief of the facts and
• Based on those facts was the D’s conduct honest or dishonest by the standards of the reasonable man?

Question 23

MR intention to permanently deprive

What does section 6 of the Theft Act establish?

Answer 23

The D intends to treat the property as his own to dispose of regardless of the real owners rights

Question 24

MR intention to permanently deprive

What does to case of R v Lloyd establish?

Answer 24

Borrowing will amount to the intentiont to permanently deprive if the borrower intends to treat the thing as their own

Question 25

# MR intention to permanently deprive What does the case of R v Velumyl establish?

Answer 25

If D borrows something and intends to return something of the same value but not the exact thing

Question 26

# MR intention to permanently deprive What does the case of R v Lavendar establish?

Answer 26

Abandoning property amounts to intention to permanently deprive as it is a disposal of property regardless of the owners rights

Question 27

# MR intention to permanently deprive What does the case of R v Raphael establish?

Answer 27

There is an intention to permanently deprive if the D will only return something where conditions are attached

Question 28

What are the strengths of Theft?

Answer 28

* Clear definition protects property rights * Dishonesty test improves consistency

Question 29

What are the weaknesses of theft?

Answer 29

* "Dishonesty" still relies on jury opinion * Wide scope means minor behaviour can be criminalised * No minimum value requirement which means disproportionate outcomes