Appropriation

Question 1

What does the theft act describe appropriation as

Answer 1

Theft Act 1968 s3 - Assumption by a person of a rights of an owner

ALSO

acquiring property, you don’t have to steal it but you keep it

Question 2

Vinall

Answer 2

He took a bicycle and abandoned it, taking and abandoning is still appropriation

Question 3

Pitham and Hehl

Answer 3

Stole furniture from house upon entering it, selling something which is not yours is still appropriation

Question 4

Morris

Answer 4

Switched labels in a shop so D could be charged a lower price which is still appropriation

Question 5

Appropriation can take place even when the victim has given consent give two cases for this

Answer 5

Lawrence - Took more money than he should’ve from open wallet

Hinks - defendant took gifts from a victim

Receiving property can be appropriation as they both had consent

Question 6

Example of appropriation (don’t need to revise, this is for consolidation)

Answer 6

For example picking up somebody’s phone by accident and then taking it home, there was no dishonesty or intent to permanently deprive at the moment the phone with appropriated however, when you decided to keep it this was also an appropriation and did have dishonesty and intend to permanently deprive at the same time

Question 7

hinks

Answer 7

ACTUS REUS
-appropriation exists even where the victim consents
befriended victim and took £60,000 from him and deposited it from his account