1B - Theft - Case List

Question 1

Morris - appropriation

Answer 1

They don’t have to appropriate all the rights of the owner

Question 2

Lawrence - appropriation

Answer 2

Appropriation even if consent of the owner is given

Question 3

Pitham and Hehl - appropriation

Answer 3

Appropriation includes the right to sell

Question 4

Gomez - appropriation

Answer 4

Appropriation can include an act committed with the consent of the owner. No need for ‘adverse interference’

Question 5

Hinks - appropriation

Answer 5

There can still be a theft if there is no deception

Question 6

Atakpu and Abrahams - appropriation

Answer 6

Theft had occurred outside of UK jurisdiction so the law couldn’t cover them

Question 7

Kelly and Lindsay - property

Answer 7

Personal property includes body parts

Question 8

Oxford v Moss - property

Answer 8

Knowledge of questions on an exam paper, not property so, therefore, couldn’t be stolen

Question 9

Turner - belonging to another

Answer 9

You can steal your own property

Question 10

Woodman - belonging to another

Answer 10

Can be in possession of property even if they don’t know it’s there

Question 11

Webster - belonging to another

Answer 11

If the property is yours and it’s in your possession and control of it. They can still be guilty of stealing it if another has a proprietary interest

Question 12

Hall - belonging to another

Answer 12

D wasn’t under an obligation to deal with deposits in a particular way s.5(3) so they aren’t guilty of theft

Question 13

Klineberg and Marsden - belonging to another

Answer 13

Clear obligation to deal with property in a certain way. Guilty of theft if the property was dealt with in another way

Question 14

Davidge v Bunnett - belonging to another

Answer 14

Even though it was an informal arrangement there was a clear obligation to deal with property in a certain way. Guilty of theft when dealt with in another way

Question 15

AG’s Ref No 1 of (1983)(1985) - belonging to another

Answer 15

By s(4) D was under an ‘obligation to make restoration’. If not, appropriation of property. If guilty, it depends on if she dishonest

Question 16

Holden - dishonesty - the right to deprive another of it

Answer 16

Believed he could take the tires as others had been given permission to take them

Question 17

Robinson - dishonesty - the right to deprive another of it

Answer 17

Believed he had the right to take the £5 as V’s wife owed his £7

Question 18

Small - dishonesty - the right to deprive another of it

Answer 18

D believed the car had been abandoned so not guilty of theft

Question 19

Ivey v Genting Casinos - dishonesty test

Answer 19

Defines dishonesty
a. what was the actual state of D’s knowledge or belief as to the actual facts
b/ in context of (a), was D’s conduct dishonest by standards of the ordinary reasonable person

Question 20

Barton and Booth - dishonesty test

Answer 20

confirmed the Ivey v Genting Casinos dishonesty test

Question 21

Velumyl - intention to permanently deprive

Answer 21

When returning property of the same value but it’s not the original it’s still theft

Question 22

Lavender - intention to permanently deprive

Answer 22

Using something and treating it as your own

Question 23

Lloyd - intention to permanently deprive

Answer 23

Cannot be guilty if there was no loss of value when borrowing or lending

Question 24

Easom - intention to permanently deprive

Answer 24

D takes property to see if there’s anything worth stealing and returns it having decided it’s not worth it