Theft Template

Question 1

1. D could be..

Answer 1

Charged with theft.

Question 2

2. Under S1 of the Theft Act 1968…..

Answer 2

a person who dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it is guilty of theft.

Question 3

3. First part of the AR is…

Answer 3

Appropriation.
S3 TA 1968 states appropriation means to assume the rights of the owner, R v Morris.
Apply: D assumes the owners rights by
Issues with consent by deception, R v Gomez.
Grifts from vulnerable, R v Hinks
When appropriation occurs, R v Morris

Question 4

4. Next part of the AR is found in….

Answer 4

S4 of TA 1968.
Apply: is property real, personal, intangible or thing in action.
Issues with wild property?
Issues with property as information, Oxford v Moss.
Real property - plants, anything attracted to the land etc.

Question 5

5. The final part of the AR is…

Answer 5

S5 - the property must belong to another.
S5 states that this means if anyone has possession, control or proprietary interest in the property.
APPLY
If relevant:
- Control of another, R v Turner.
- Lost or abandoned, Williams v Phelps/ R v Woodman.
- Under and obligation - Davidge v Burnett (5.3).
- Recieved by mistake - AG 1 (5.4).

Question 6

6. The first part of the MR is…

Answer 6

That D must be found to have acted dishonestly.
S2(1a-c) of TA details 3 circumstances where D is not dishonest - if they don’t apply: D doesn’t believe he has the right in law to…. And he doesn’t believe he has the consent of the owner. D doesn’t believe the owner cant be found by taking reasonable steps.
If one applies state why it does.

Question 7

7. If none of the statuary exception apply…

Answer 7

The judiciary apply the test confirmed in R v Barton and Booth - was D’s conduct dishonest according to the standards of an honest and ordinary person?

Question 8

8. Finally S6 defines the intention to permanently deprive as to….

Answer 8

Treat the thing as heir own regardless of the owners rights.
Does borrowing or lending apply - consider whether some or all of the goodness or virtue have gone, R v Lloyd/ DPP v J.

Question 9

9. D is/ isn’t…

Answer 9

Guilty of theft.