1B Theft

Question 1

Which act and section defines theft?

Answer 1

s.1 Theft Act 1968

Question 2

Define theft

Answer 2

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

Question 3

What are the 5 elements of theft?

Answer 3

s.3 Appropriation
s.4 Property
s.5 Belonging to another

s.2 Dishonesty
2.6 Intention to permanently deprive

Question 4

Define appropriate

Answer 4

To assume the rights of the owner:
Use
Consume
Sell
Keep and use
Destroy or dispose of the property

Question 5

Ratio for R v Pitham & Hehl

Answer 5

The offer to sell is the assumption of the rights of the owner. It did not matter whether the furniture was removed from the house or not.

There is therefore no need to touch/handle the property to appropriate it.

Question 6

Ratio of R v Morris, Anderton v Burnside

Answer 6

The appropriation took place when there was an adverse interference with or usurpation of the rights of an owner which was at the point of switching the labels.

Question 7

Ratio of Lawrence v MPC

Answer 7

Theft can occur even with the victim’s consent.
Consent with deception.

Question 8

Ratio of Hinks

Answer 8

Acceptance of a gift can constitute an ‘appropriation’ despite the absence of deception.

Question 9

Ratio of R v Atakpu and Abrahams

Answer 9

CA quashed the convictions as the moment of appropriation was when they obtained the cars. As the thefts occurred outside the UK’s jurisdiction, an appropriation has taken place and it cannot be a continuing act.

Question 10

What are types of property?

Answer 10

Real- land or things fixed to it

Things in action-rights that can be enforced in law

Intangible- no physical property but can be stolen

Question 11

What are the exceptions of property?

Answer 11

Wild plants, flowers, fruits and fungi

Wild creatures

Electricity

Corpses/body parts

Confidential information

Question 12

Name the exception & section of:
Wild plants, flowers, fruits and fungi

Answer 12

It is not possible to steal if these if they are growing wild unless you intend to sell s.4(3)

Question 13

Name the exception & section of:
Wild creatures

Answer 13

It is not possible to steal wild creatures that are not usually tame or not kept in captivity s.4(4)

Question 14

Name the exception & section of:
Electricity

Answer 14

It is not possible to steal electricity (but it is a separate offence) under the Theft Act 1968.

Question 15

Name the exception & section of:
Corpses/body parts

Answer 15

It is not possible to steal corpses (Sharpe).

It is possible to steal body parts.

Question 16

Ratio of Oxford v Moss

Answer 16

It wasn’t theft of the paper because he intended to return it. However, the knowledge was appropriated but this wasn’t considered property.

Question 17

Define belonging to another

Answer 17

They don’t have to have total proprietary interest in the stolen item, having control or possession of the property may be enough.

Question 18

Ratio of R v Turner (No.2)

Answer 18

The D was guilty of the theft of is own car as the garage had possession and control of the car at the time it was taken.

Question 19

Ratio of Ricketts

Answer 19

Not abandoned but remained property of the person who deposited them until taken into the control or possession of the charity.

Question 20

Ratio of R v Webster

Answer 20

Army had retained proprietary interest in the medal so it was ‘property belonging to another’.

Question 21

Ratio of Davidge v Burnett

Answer 21

D was held guilty of theft when he was given money by her flatmates to pay the gas bill but used it to buy presents. There was a legal obligation to pay the bill.

Question 22

Ratio of Attorney General’s reference (No.1 of 1983)

Answer 22

There was a legal obligation to return the money received by mistake as she had noticed she had been overpaid.

Question 23

Examples of not being dishonest.

Answer 23

a) He has a legal right to deprive the other of it on behalf of himself or a third person.

b) He would’ve had the other’s consent if the other knew of the appropriation and the circumstances of it.

c) The person to whom the property belongs cannot be discovered by taking reasonable steps.

Question 24

Ratio of Ivey v Genting Casinos (UK) Ltd

Answer 24

a) What was the actual state of D’s knowledge or belief as to the facts?

b) In the context of (a), was D’s conduct dishonest by the standards of ordinary decent people?

Question 25

Ratio of R v Barton & Booth

Answer 25

Confirmed the Ivey decision as a test for dishonesty. It is objective.

Question 26

Define ‘Intention to permanently deprive’

Answer 26

‘Intending to treat the thing as one’s own to dispose of, regardless of the others’ rights’

Question 27

Ratio of DPP v Lavender

Answer 27

s.6 should be read as intending to treat the thing as one’s own to use regardless of the other’s rights.

Question 28

Ratio of Velumyl

Answer 28

CA upheld his conviction for theft as he had the intention of permanently depriving the company of the exact banknotes which he has taken from the safe even if he intended replacing them with other banknotes to the same value later.

Question 29

Ratio of R v Lloyd

Answer 29

CA- borrowing only constitutes an intention to permanently deprive if the goodness and virtue has gone from the property. The D was acquitted.

Question 30

Ratio of R v Easom

Answer 30

The COA quashed the conviction as there may have been a conditional intention to deprive permanently but this was not enough to satisfy.