3. Theft

Question 1

R v Morris

Answer 1

Taking items from shelf in shop and replacing label taken from lower-priced good counts as an assumption

Question 2

R v Gomez

Answer 2

D can appropriate even with owner’s consent

Question 3

R v Hinks

Answer 3

D persuaded/coerced man of limited intelligence to give her money - donor’s state of money irrelevant, so possible to steal a ‘gift’

Question 4

R v Adams

Answer 4

D purchased goods not knowing that they were stolen – then discovers they were and keeps them - acquitted by means of s 3(2)

Question 5

Williams v Phillips

Answer 5

Householder doesn’t abandon goods that he puts in his dustbin

Question 6

Parker v British Airways Board

Answer 6

If BA had shown an intention to exercise control over the building and things in it, it could have secured possession of the bracelet before D found it

Question 7

R v Turner (No 2)

Answer 7

Possible to steal one’s own property, if it is in the possession and control of another

Question 8

R v Hall

Answer 8

Travel agent took money for flights and instead used it to pay off creditors - held: s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way

Question 9

Davidge v Burnett

Answer 9

S 5(3) applies in respect of cheques given by flatmates to use for paying to gas bill and used instead to buy Christmas presents

Question 10

A-G’s Reference (No 1 of 1983)

Answer 10

D mistakenly paid for overtime she hadn’t done - s 5(4) applies and money belongs to employer

Question 11

R v Robinson

Answer 11

Act does not require D’s belief to be reasonably held – as long as it is genuinely held, he will not be dishonest

Question 12

R v Ghosh (per Lord Lane)

Answer 12

o (1) According to ordinary standards of reasonable and honest people, was what was done dishonest?
o (2) If it was dishonest by those standards, did D himself realise that what he was doing was by those standards dishonest?

Question 13

Edwards v Ddin

Answer 13

Person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him

Question 14

Corcoran v Whent

Answer 14

Ownership of food passes when it is eaten – or possibly earlier, e.g. when it is ordered and cooked in a restaurant

Question 15

R v Lloyd

Answer 15

S 6(1) should not be referred to where it is clear that the D does intend the owner to lose his property permanently

No intention permanently to deprive in relation to borrowing, unless intention is to return it in such a state that all its goodness, virtue and practical value has gone

Question 16

R v Cahill

Answer 16

D took pile of newspapers left outside newsagents, thinking they were pile of rubbish - no intention permanently to deprive

Question 17

R v Scott

Answer 17

D ‘stole’ pair of curtains from store – intended to return them following day for a refund - s 6(1) applies here, since she had treated the thing as her own to dispose of regardless of the other’s rights

Question 18

R v Raphael

Answer 18

Example of ransom case – D had taken victims’ cars by force, demanding money in return for their return - situation covered by 6(1)

Question 19

DPP v J

Answer 19

Snapping headphones, rendering them useless - s 6(1) applies

Question 20

R v Fernandes

Answer 20

Solicitor who used money in client accounts for risky investments - s 6(1) applies