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Question 2

What is the definition of theft according to the Theft Act?

Answer 2

Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it

This definition outlines the key components that constitute the crime of theft.

Question 3

What must the defendant (D) do to be liable for theft?

Answer 3

Must have ‘appropriated’ an item from the victim (V)

Appropriation refers to taking or using someone’s property without permission.

Question 4

True or False: Borrowing an item and not returning it can constitute appropriation.

Answer 4

True

This is defined under section 3(1) of the Theft Act.

Question 5

What does it mean for D to act ‘dishonestly’ in the context of theft?

Answer 5

D acts dishonestly even with consent

Consent does not negate the act of appropriation if it is done dishonestly.

Question 6

What types of property are included in the definition of ‘property’ for theft?

Answer 6

Tangible property and rights in action

The law recognizes various forms of property, excluding information.

Question 7

What notable case established that information is not considered property?

Answer 7

Oxford v Moss

This case clarified that confidential information cannot be stolen.

Question 8

What does it mean for property to ‘belong to another’ in theft?

Answer 8

The appropriated property must belong to someone other than the D

A person can possess property even if they are unaware of it, as illustrated in Woodman.

Question 9

What is the distinction between lost and abandoned property in theft cases?

Answer 9

Taking something that is lost is theft; taking something that is abandoned is not

This principle was established in the case of Phillips.

Question 10

What must D do if they take an item that was given by mistake?

Answer 10

Have to give the thing back

Mistaken transfers do not constitute theft if the item is returned.

Question 11

What does section 2(1) of the Theft Act state about D’s dishonesty?

Answer 11

D is not dishonest if he believes he is acting within the law, believes the V would consent, or believes the owner cannot be identified

These beliefs can absolve D of liability for theft.

Question 12

What must D intend when appropriating the item in theft?

Answer 12

Must have the intent to permanently deprive the other of it

This intent is crucial for the crime of theft.

Question 13

What is the definition of intoxication in legal terms?

Answer 13

When a person’s normal capacity to act or reason is inhibited by alcohol or drugs

Intoxication can affect a person’s culpability in certain crimes.

Question 14

True or False: Voluntary intoxication can be used as a defense in basic intent crimes.

Answer 14

False

This principle is established in the case of Majewski.

Question 15

In what scenario can voluntary intoxication be used as a defense?

Answer 15

For specific intent crimes if D’s intoxication means they cannot form the necessary mens rea

This was demonstrated in the case of Lipman.

Question 16

What constitutes the actus reus (AR) of robbery?

Answer 16

The AR of theft + using or threatening to use force immediately before or at the time of theft

Robbery combines elements of theft with the use of force.